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TA02-03-02! • ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements, the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and ~.ry ~i' ~. \~ ~,` V' ~~ Ordinance No. 6835 -01 • WHEREAS, it is necessary to have standards of a neighborhood conservation conservation district; and • a procedure for amending the development district or even eliminate a neighborhood WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the Clearwater City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing i^ *"° c~^~° no less than seven days prior to such hearing and in the manner as specified in sections 4-~06(O) 4-206(C)(2)(b), (c and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by apre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the "'*~k community development coordinator. 2 Ordinance No. 6835-01 • • 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4 alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a 90-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed to be included in the neighborhood conservation district. The format of the ballot and method of voting ~ be approved by the Community Development Coordinator. The results of the vote shall be provided to the Community Development Board and the development standards. Each development standard forwarded for consideration shall have the support of at least fifty-one (51) percent of the votes cast. Any costs associated with the conduct of such election shall be paid by the neighborhood. 3 Ordinance No. 6835-01 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neighborhood wants to amend the development standards established in a neighborhood conservation district or eliminate the neighborhood conservation district, a petition signed by the owners of sixty (60) percent of the real property within the neighborhood conservation district shall be submitted to the Community Development Coordinator. Along with the petitions, the neighborhood shall also submit the purpose of the amendment(s) and reason(s) why a neighborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation, the city manager shall submit a written recommendation to the commission as to whether the neighborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the original adoption. ********** Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: Development rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The 4 Ordinance No. 6835-01 • special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 5 Ordinance No. 6835-01 • • ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and provliding the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 4 ~? ~# CLEARWATER, FLORIDA: ;'~~ `~ ~~ ' • `~ Ordinance No. 6981-02 C • Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island Estates Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1602 Island Estates Neighborhood Conservation Overlay District. A. Intent and Purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on August 8, 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neighborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. B. Jurisdictional Boundaries. The Island Estates Neighborhood Conservation Overlay District (IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor, known as Island Estates Iying northerly of the northerly right of w~ line of Memorial Causeway, less and except the following described tracts: (1) All of Block C, and Lots 1-3, 7, 9-13, Block D, and the westerly 61 feet of the vacated right-of-way of Dory Passage, Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas Count Florida; (2) Begin at the most easterly corner of Lot 13, Block D of Unit 5 Island Estates of Clearwater; as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; thence N49°23'41 "W, 100.00 feet; thence N04°23'41 "W, 71.42 feet, to a point on a curve to the left; thence along the arc of said curve, having a radius of 70.00 feet, a chord bearing of N75°47'40"E, a chord length of 23.86 feet, 23.98 feet; thence S49°23'41"E, 136.75 feet; thence S08°12'32"E, 81.05 feet; thence S40°36'19"W, 16.63 feet; thence N49°23'41"W, 61.00 feet to the Point of Beginning; (3) Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of the Public Records of Pinellas County, Florida; (4) the land bounded on the north by Dory Passage, on the south by Windward Passage, on the west by Larboard Way and on the east by Island Way. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Island Estates Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial Districts. The provisions contained herein shall govern in this Ordinance No. 6981-02 • • overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. D. Minimum standard development for areas zoned LMDR/IENCOD. The following uses are Level One permitted uses in the LMDR/IENCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1601(D). "LMDR/IENCOD" Minimum Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) He".ght Street (sq. ft.) fft.1 (ft") (1) Parking Front Side Rear 2 Accessory pools and screen enclosures 5 10 Community Residential Homes (up to 7,500 50 25 7.5 15 30 2/unit 6 residents) Detached Dwellings 7,500 50 25 7.5 15 30 2/unit (1) In special flood hazard areas designated by the National Flood Insurance Program maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in the LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. Ordinance No. 6981-02 • • E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Standard Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street (sp. ft•) L~ (ft•) (~) Parking Front Side Rear 2 Detached Dwellings 7,500 50 - 15-25 7.5 - 5 - 15 30 - 2/unit Residential Infill Pro'ect 3 n/a - n/a - 15-25 3-7.5 5 - 15 30 - 2/unit Utility/ Infrastructure Facilities (4) n/a - n/a - 25 - 10 - 15 - n/a - n/a - (1) In special flood hazard areas designated by the National Flood Insurance Program maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.E.2. (4) Utility/infrastructure uses shall not exceed three acres. Any such use alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to tran__sportation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 1. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: Ordinance No. 6981-02 • • i. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; ii. The reduction in front setback will not adversely affect adjacent property values; iii. The reduction in front setback is consistent with neighborhood character; iv. The reduction in front setback results in an efficient house layout. c. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or ii. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible; or iii. The reduction in rear setback results in an efficient house layout; and iv. The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adjacent properties. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; Ordinance No. 6981-02 • • e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neighborhood; c. No above ground structures are located adjacent to a street right-of-way and d. Any above ground structure other than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Development Min. Lot Min. Lot Max. Min. Off- Use Area Widfh Min. Setbacks (ft.) Heighf Street (sp. ft.) f~ (ft.) (1) Parking Front Side Rear 2 Ordinance No. 6981-02 Detached 4,500 - 25 - 50 15 - 25 3 - 7.5 5 - 15 30 2/unit Dwellings Residential Infill 7,500 n/a n/a 10 - 25 0 - 7.5 0 - 15 30 1/unit Pro'ect 3 (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The_ development standards for residential infill protects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 1. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling of less than 7,500 square feet is an existing lot or a lot size of less than 7,500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size ratio of the structures to be developed on the lot is not more than ten percent greater than the average volume to lot size ratio of all existing structures located on the same local street and within a 700 feet radius of the lot; d. Front setback: i. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; ii. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of- way; iii. The reduction in front setback will not adversely affect adjacent property values; Ordinance No. 6981-02 • • e. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; ii. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or iii. The reduction in rear setback will result in an efficient house layout. f. Side setback: The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residentiallnfill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: and Ordinance No. 6981-02 • • h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the Citv of Clearwater as a whole. G. Additional development standards for single-family areas zoned LMDR/IENCOD 1. Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area; 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through); 3. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan; and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential propert rL. H. Additional development standards for multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD and C/IENCOD. 1. Parking. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) Ordinance No. 6981-02 • 3. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. 1. Additional development standards for areas zoned I/IENCOD. 1. Landscaping Requirements. Use of gravel,- stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. Section 2. This ordinance shall take effect on September 9, 2002. PASSED ON FIRST READING August 8, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 10 Ordinance No. 6981-02 • • Table of Contents Executive Summary 1 The Question 1 The Answer 2 Analyses 2 Summary 3 Discussion 4 .Conclusion 5 Recommendation 6 Appendices 7 Survey results as reported in the Island Estates News Chi-square calculations for each survey item 'I PROdUCT1•Ty MANAf~EMENT • ONSU~TANTS 849 Harbor Island Clearwater, FL 33767 PRODUCTIVITYCONSULTANTS TO (727) 447-6409 INDUSTRYAND GOVERNMENT August 5, 2002 ~®PIES TO: City of Clearwater Commissioners ~®MM6SSiON 112 South Osceola Avenue A~~ - 6 202 Clearwater, Florida 33758 PRESS Dear City Commissioners: CLERK /ATTORNEY In the interest of assuring that you properly interpret the 23 item Island Estates Overlay District survey, I have prepared this analyses of the survey items. The purpose of the survey is to determine if it is the desire of Island Estates residents to have City code regulations placed on them which are more restrictive than elsewhere in Clearwater. Having conducted the survey, it is appropriate for the City to change codes only if significantly more residents favor changes than oppose them. The analyses shows a 50/50 draw on 18 of the 23 survey items. Of the remaining five items, three require no change: items 3 and 7 because the proposed code is the same as the current code and item 13 because residents rejected the more restrictive code in favor of the current code. That leaves only two items for consideration of a code change. They are item 10 prohibiting parking on landscaped areas and item 22 storing commercial fishing/crabbing equipment on residential property. It is believed by many that violation of these two issues is more likely an isolated issue than a problem warranting a change of City Codes. With the arguable exception of items 10 and 22, the residents of Island Estates have not given the City of Clearwater a mandate to change current City codes. The original goals of the Long Range Planning Department can, and should, be implemented without code changes specific to Island Estates. It would be my pleasure to volunteer my services should the City of Clearwater personnel wish to discuss this further. S ncerely, . `~ Peter 7. Hu t, Ph.D. President cc: Interested parties • Island Estates • Neighborhood Conservation Overlay District Rezoning Survey Analyses E Prepared by: Peter Hunt, Ph.D. August 5, 2002 849 Harbor Island Island Estates Clearwater, FL 33767 Executive Summary: I Earlier this year a survey was done of Island Estates households to determine their support for the City of Clearwater imposing City code regulations which are more restrictive than elsewhere in Clearwater. The results, as published in Island Estates News, showed that most of the 23 survey item responses were between 47 % to 53 % "For. " Visually, the results appear to be a 50/50 draw. Since only a sample (65.7 %) returned their survey, a statistical analyses must ~ be done of the responses to determine if significantly more people support an item (a code change) than are against that item. This analyses was done employing "standard statistical practices" which like "standard accounting practices" are designed to keep the practitioner "honest." On only five items (#3, #7, #10, #13, and #22) was a difference found between -those responding "For" and those responding "Against." Responses to the remaining 18 items are no different than a 50/50 draw. Of the five significant items, two (items 3 and 7) propose no change from the current code and item 13 was voted in favor of keeping the current code. That leaves only two items (#10 and #22) for a considered change. The conclusion is that only these two items are suitable for consideration in changing. City code regulations for Island Estates thereby making them more restrictive than elsewhere in Clearwater. The Question: `-' Is there a statistical difference between the number of responses "for" a survey item and the number of responses "against" that item? If not, the item is a 50/50 draw and taking action based on the survey responses is inappropriate. • • The Answer: Based on the Island Estates survey, only the following five items have a statistical difference between those responding "For" and those responding "Against. " 2 Item 3: Front building setbacks for principal structures shall be 25 feet. 238 (57.6%) for and 175 (42.4%) against Item 7: Rear building setbacks for accessory structures shall be 10 feet. 235 (56.5 %) for and 181 (43.5 %) against Item 10: Parking on landscaped areas shall be prohibited. 237 (56.7%) for and 181 (43.3%) against Item 13: Fences between principal structure and any right-of--way shall be prohibited. 173 (41.7%) for and 242 (58.3 %) against Item 22: Commercial fishing equipment stored on residential property shall be prohibited. 232 (55.5 %) for and 186 (44.5 %) against ~~I On the other 18 items no difference was found between those responding "For" and those responding "Against." One may only conclude that these other 18 items on the survey area 50/50 draw. Analyses: If everyone responded it is appropriate to take action on all survey items, even when the difference between those for and against is very small. Unfortunately, one third of Island Estates residents did not respond. Since City officials must represent everyone, not just those who responded, the question posed for each survey item is "Is there a significant difference between the number of responses for and the number of responses against?" If the answer is no, then one must conclude the result on that survey item is no different than a 50/50 split, and no action on that item should be taken. The appropriate analysis is called aChi-square test. I have taken the responses of the Island Estates survey (as published in Island Estates News and shown in Appendix A of this paper) and conducted aChi-square test of each • • 3 survey item. Here are the results. (See Appendix B for each calculation.) Analyses were all conducted at the 0.10 level of significance which is the most liberal level designed to permit even small differences between the number "For" and the number "Against" to be found significant. Summary: Survey Responses Responses Chi- Responses "For" Item "For" "Against" Square vs. "Against" 1 225 (54.0%) 192 (46.0%) 2.61 No Difference 2 223 (53.6%) 193 (46.4%) 2.16 No Difference 3 * 238 (57.6 %) 175 (42.4 %) 9.61 Yes -Difference 4 215 (51.6%) 202 (48.4%) 0.41 No Difference 5 218 (52.5 %) 197 (47.5 %) 1.06 No Difference 6 197 (47.2 %) 220 (52.8 %) 1.27 No Difference 7 * 235 (56.5 %) 181 (43.5 %) 7.01 Yes -Difference 8 217 (52.4 %) 197 (47.6 %) 0.97 No Difference 9 225 (54.0 %) 192 (46.0 %) 2.61 No Difference 10 * 237 (56.7%) 181 (43.3%) 7.50 Yes -Difference 11 213 (50.8 %) 206 (49.2 %) 0.12 No Difference 12 218 (52.3 %) 199 (47.7 %) 0.87 No Difference 13 * 173 (41.7 %) 242 (58.3 %) 11.47 Yes -Difference 14 218 (52.2 %) 200 (47.8 %) 0.78 No Difference (continued) • • s 4 (Summary continued) Survey Item Responses "For" Responses "Against" Chi- Square Responses "For" vs. "Against" 15 210 (50.4%) 207 (49.6%) 0.02 No Difference 16 214 (51.7 %) 200 (48.3 %) 0.47 No Difference 17 209 (50.1 %) 208 (49.9 %) 0.00 No Difference 18 216 (51.7 %) 202 (48.3 %) 0.47 No Difference 19 203 (48.7 %) 214 (51.3 %) 0.29 No Difference 20 217 (51.9 %) 201 (48.1 %) 0.61 No Difference 21 199 (47.4 %) 221 (52.6 %) 1.15 No Difference 22 * 232 (55.5 %) 186 (44.5 %) 5.06 Yes -Difference 23 202 (48.7%) 213 (51.3%) 0.29 No Difference * Survey items where responses were other than a 50/50 split. Discussion: Suppose you flipped a coin 100 times and found 49 tails and 51 heads. Would you be correct in arguing that since your coin. produced 51 % heads it is biased to fall heads up? Would 51 % heads be enough to say the coin is biased heads and then to go on to make significant management decisions based on the coin falling heads? Intuitively and statistically you should understand the answer is "No." Any number of heads near and around 50 in 100 tosses would be considered a chance happening. Then how many heads would you have to get in 100 tosses to begin to believe the coin is biased? With statistics that answer is easy to determine and that answer is 63 heads. • • 5 In other words to comfortably say residents favor (or aze against) a survey item and to consider a corresponding code change actually requires a response of at least 63 % (for or against) on a survey item. (Aware of this requirement of 63 % the Federal Government has used two thirds (66.7 %) as the vote required on issues of critical importance.) No item on the Island Estates survey got even near 63%. The reason five items in the Chi-square analyses were found significant was in those analyses the most liberal significance level was used to facilitate (bias if you will) the finding of a difference between "For" and "Against" responses. Since the City asked the residents of Island Estates for their opinion on 23 very specific items of City code, it seems important the City establish (ideally before they look at the survey results) a point at which they feel a mandate has been given them to act to change city code. The Community Development Board naively selected 51 % which is neither intuitively nor statistically correct. The proper thing to do is to use statistical analyses to make a decision. If the Community Development Boazd desired a single percentage with which to judge all items, that percentage (mandate) using standazd statistical practices is 63 %. If they desired to assess each item separately and set the analyses up to favor finding a difference between "For" and Against" responses, that is the analyses which have been done. Only five items were found to be different than a 50/50 split which is certainly not a mandate. Another way of looking at the mandate issue is to realize one third of the residents did not vote and one third voted against each survey item. That means that two thirds of the residents of Island Estates refused to give the City a mandate for code change by either not voting or voting against each change. The remaining third (actually 34 %) is in favor of code changes and 34 certainly isn't a mandate. Conclusion: On only survey items 3, 7, 10, 13 and 22 were a significant difference found between the "For" and "Against" vote. The other 18 ballot items each represent a 50/50 draw and it is inappropriate to use this data, in part or in whole, to influence code changes. _~ 1 • • 6 Recommendation: Only the five items with statistical significance between the "For" and "Against" responses can be acted on. No matter how tempting, the other 18 items represent a 50/50 draw and City codes regarding them should be left as they are. Of these remaining five items, item 3 sets front building setbacks at 25 feet and item 7 sets rear building setbacks for accessory structures at 10 feet. That happens to be what the current code requires, so item 3 and item 7 are moot and also should be left as they are. Of the remaining three items, item 13 restricts fences between any portion of the principal structure and any right-of--way line. Residents of Island estates voted against this in favor of preserving the current code. So item 13 is also moot and should be left as is. That leaves only two items for consideration: item 10 which eliminates the one car permitted parked on a lawn next a to driveway and item 22 which would include commercial fishing and crabbing equipment into things that cannot be stored in view of the public right-of--way or from abutting properties. Many Island Estates residents believe a problems with these two items is more an isolated incident rather than an issue worthy of a more restrictive code change. I In light of the lack of any evidence that the majority of residents of Island Estates want a code change, especially one more restrictive than the rest of ` ~ Clearwater, my recommendation is to leave the code regulations just as they are. After all, we are talking about Island Estates, ~ premier residential community where excellent development has transpired for over 30 years ~ under existing City codes. A further point to be made is this. Not changing existing City codes for Island Estates does not mean the City's Long Rang Planning Department goals for Island Estates cannot be enacted. These goals (which include enhancing neighborhood amenities, improving water quality, safety and safe boating, improving traffic and street use, addressing neighborhood appearance and maintenance issues, furthering the neighborhood character and redevelopment, installing utilities underground, and minimizing short term rentals) are worthy endeavors which the City should pursue. _~ i • • Appendix A --I Survey results as reported in the Island Estates News --~ \/f..~ ~ ,STyD ~. h s a, a h y ~n A 4 N 0 0 N Total Total Totaf Island Estates Ballot Total T ~Y Votes Va4es pb Vo~be Vofi~ Perrent Percent For Cast Cwt For ~inst Iburr 1 !n sir-gle-famNy areas, pennlged uses be rested to s~gle-family d~ Cng communit)- rl homes with up th 6 rte) and ~frastructureht~ty aAatlans. 225 192 4 417 54.0% 46.0°6 Ibm 2 In ' areas the minimum lot size shall be 7,500 a feet. 223 193 5 416 53.6°6 46.490 fbem 3 in ' fe areas front setbacks for ' al strucdues stuff be 25 feet. 238 175 8 413 57.6° 42.496 Item 4 In single family areas, side budder selbacks for dal strucfires small be 7.5 feet. 215 202 5 417 51.696 ~ 48.4°~ r In single-familyy areas, rear budding setbacks for prinapai structures shag be 15 feet for non- fbe:rr 5 waterfiront lok and 25 feet for waterfront bts. 8 adjacent structures on either side of a 218 197 6 415 52.5% 47.5°16 waterfron# lot are setback 20 feet, then the mir~rrwm rear setback shat be 20 feet. lb~n 8 In since-tamely areas, sick bkeldvrg setbacks for accessory strctctures, inckrcng screened enclosures shat be 7 5 feet 197 220 4 417 47.2% 52.89'0 . . ,~ 1f3em 7 M single-family areas, rear butlding setbacks for accessory struct<res, d'mg screened erx~xes shah be 10 feet. 235 181 5 416 56.5% 43.596 Item 8 Any Pool exceeding 1 foot h f above grate shad comply with the required rear setback 217 1 7 for the structure. S 7 414 52.496 47.896 Item S In einQle-famNy areas, buldhg height aha6 be f6mited to 30 feat above base tbod elevat~n. 225 192 4 417 54.096 46.0% lt?em 10 Pa on area shad be 237 181 3 418 56.796 43.396 In sine-famiy areas, ~ boaffi, personal watercxatr, recreation vehicles, trailers, commensal vehicles, race cars, dune buggies, farm equipmerd, go karts, ANs or other similar vehicles shaft be requked to be parked in a garage. The temporary parking of such vehicles outside lberrt 11 of a garage shah be permitted for no more than four (4) consecutinre days no more than 213 206 2 419 50.896 49.296 twice a month. Commerclal vehicles may be parked outside of garages if orate to actively ~' conduct business on the premises. Parking of personal automob~es and motorcycles shalt be permitted outer of the garage in a driveway. In multi-famiy areas, all boale, personas wateraait, recreation vehicles, trailers, commercal vehicles, race cars, dune buggies, farm equiPmer~t, go karts, ANs or other similar vehicles shah be prohibited th be parked between any portion of the prindpai structure and any rift of-~rvay Ime. The temporary parking of such vehicles within the front setback shah be Item 12 permitted for no more than four (4) c~r~secutive days no more than twice a month. 218 199 4 417 52.396 47.796 Commerdal vehicles maybe parked between any portion of the prfnclpal structure and any ~ right-of~vey rte in mt~-fetniy areas if ons~te to ac~vefy condtkt business on the premises. Parking of personal automobiles and motorcycles shah be pernptted between any portion of the prindpal structure and any right~of-way fne• . ~' • ~~ ~o y Q a. A a ~o N 0 N ~_--,_....._ ~__, ~'~~-~ Total Total Total Island Estates Ballot Total Tally tcant.) Votes Votes No Vote Votes Percent Percent For ainst Cast Cast For Against ibeth 13 AN fences: shall t~s prohitritted between any portion of the, pratc~al sire and any tight-o . 173 242 6 415 41:7"/e o 5$;3 ~. , Fences shah not exceed 6 feet in height between any portion of the prinapal structure and Item 14 a side Iot one. 218 200 3 418 52.2% .~ 47.8% gem 15 for waterfrar~ ptopert-es, fences shad trot exceed 3 feet in height between dte rear truig ' 210 207 4 417 50 4"~ 6°~ 4~9 setback.l ~ne andahe seawaA.: `lf the fence e~rtcloses a pool, it may be 4 feet in height:: . ,~ . tram 16 ~Qences between the rear building sethack line and the seawall shaA be non-opaque (see- 214 200 7 414 51 7% 48.3% . v AN trash-cortiainers, dumpsters a~ mechanicategt~pment shah besaeened framahe ofi~ray, adjacent property and the water.. Provisia~ shah apply to new construc4on. If item 17` - iniprovemenis are made fo any structure exceed'mg 50°!0 of ttie vak~; appraised by'the 209: ~ 208 4 417 ~ 54.1:%: !49:9°f° PmeNas Cas7ty Properly Appraiser's (ice, tt~n the aeer~tg of mechardcal equipmen, `~ . dumpsters and trash containers must be brought into-comp~nce. Item 18 Use of gravel, stones, ciders and other similar material in any yard shall be proftibited 216 202 3 418 ° 51 7 /0 48 3% unless included as an inte ral but minor element of a landsca in ian. . ,~ . Item 19 In single-fami~ areas, 35% of the area between any portion of the principal structt~e and ' 203 214 4 417 48 7% 3% 51 t-of-wa Nne shag be landsca ed. . . Item ~ In multi-famAy areas, 25°~ of ~ area between any portion of the princ~pai structure and ' 217 201 3 418 51 9% 48 1 % an r t-of~wa tine shah be landsca ed. . ~ . Ism 21 h~ ' ' e=tam areas, the miramum rertiai 'od shad be 90 da 9 99 229. 1 420 47.4% 52:6°ti gem ~ The storage of commercial thing and crabbing equipment shah be prohibited on any 232 188 3 418 55 5°/n 44 5% residential o . _ _ . . Deviations for at-grade:'sfructurss andlor the expansion of ex~irig non-conforming side ancpor r~~ setbacks may be ~appi'oved tlxxoc~ a flexile standard -approval. process.:: Iteem 23 - Flex~le~standard:apixovat itzdudes:a recommendation bythe City development Review 242 213 6 415 48.7% 51:3°/a ; Committee and foal decisiort'by fire Comm}r 13evefopment Coorcator' AQ other dea~ations exist be approved by the Commtadiy Development Board at a p~lk: hearing. . Setback items that could be aired, #a and #s Parking items that c;otdd be aked, #11 and #12 Lattdsca ' items that could be aa~ed, #1 s ana #20 Items that>~d not receive 51°~, or mode of the vate and are' not paked with another hem, ~~ ~~, ~s; », 21,23 Total ballots 6~1 Total ballots not retumed 220 Total banots returned 421 Percentage returned 66.7°~ • • Appendix B r: Chi-square calculations for each survey item • • C,`~ - S v~Ye ~ IZQI Y sus ~ _ , Er ~o r /~ ~a~h~~ (~oas>~ C2o~.s) ~~~ «~ =~~7 .~ ~ Z ``" - ~ .z d 8, s ~ ~, 08. s ~e~,., #z k ~o r f~ y~~h s~" ---~ ~ ~ 3 / 9' 3 z -~ CZz3 -.zoo ~ ~! g3_ZV8) _ .z. ~ ~o~ } zog l ~o (~; ~~e~re~ce ~~ ~~ ~o r A9a~~ hs+ (z o6, s> ~ 06, s) • .~ . yl 3 ~3g !7S z 2. ~Z 3 B--Z 06,5~~ ~~ 7S-Z D~ . S~ - ~ - .~ o ~ ~ 0 6. s- -- ~, 6 I ~eS~ G s D; F ~-e--cvtc~ ~~ n # Y Z Z ~ ~~ ~S ~a~ ~ a i n5~- i C~D~.s~ Czozs~ ~--- . yis .~~8 i97 ,= ,, . I UY /~ atn7l Cz aB s~ ~.~o ~, s~ ~!S -~D~ Z 2 _ ~C-~~ S-.~o7.s~ <~9 ~_za~ s~ ~o s ~ ~o - l D~ Na ~s fl; F~eteh~~ f ~:iK~. ~ ;~ • L .. . iA ~: y/7 /,.2 7 zog,s z~s.s ~o l7; ~' ~-~re~ce ~ .~,, #7 ~a r ~ atirs~ .~ ~ ` ~/ lb ~3S 18~ I . Z ~2 3 S - z a8~~ ~l 8~ _ -Z 0$~ z ~~ 5 _I ?~ .~ a t ~ o~ 7 0~ ~, pi ~ ~-~renc~ - ~ (-2 D7~ (-2 O7~ ~-~.. y I y z 7 ~q ~ t I z z ~_ CZ r 7 - zo7~ (~ ~ 7 -moo ~J - fYd ~. q~ ~ u r / ~ uc, - ~~> I (.~o~, s~ C.~oB, ~~ !97 ~~~ Cz o~, s~ (.zoo, s~ n -- Y ! 7 __) ~ /~~ z s i Z .~ ~ Z S•s ~~~fev~e~c~ .! <:~, ~lC for ag~~hs~ ~. C~a9~ C~~~ ~~ ' ~//8 z3 7 fig/ ~^ Cz 37-.zog~~ ~ ~l ~1 -zo9~~ YES ~aq zQq - 75~ ~ ~ ~f~ re-~~ ~ ~. #~l _~ C~~.s~ ~-~~~.s) . i ~~ 3 ~o~ Z ~z f 3- -~ o q, S ~z (z o 6- Z o ~,.~-)Z _ ~ .- ~. ~ z ~D`~ S zoq, s t~ o ~~r ~~CYehCe .~Q~,,., *~ ~ z • ~o r- {~ g a'~ hs~ Czo~,s) C-zO~ s~ ~~~ ~~9 M -Y17 Z 8 zo8,s zo8.s- N~ !73 ~t`lZ ("a ~ /~ ga; ~ S~' ,~. = y /s L Z ~_ 173 -- ~ oT s`~ G2 ~ ~ -~o7,s _ /~ `~ 7 ~ -Z o7, S .z a 7, S YES art = y l ~ _l -Z J g .~.o O .) z Z -~~ (.zi ~3-,~.oq~ ~zoa -zoa~ ~ - = x,78 z4R ~ zoo ~o --~ D,' FFerehce ~ ~ ~~~ -. ~ s 1 YI X08. s) ~zo~,s> zio 207 ~-~. _ ~ / 7 8 s Jul v D; f ~-eYenc~ ~.~,, ~ /6 ~o r ~z ~ 7~ z}`-~ --, C~ a~~ goo ,n - ~ ~~ 2 [~ ~' (~~ -zo?~ ~ z (z.oo-zo7~ y7 l~lo O -Z o ? L z ~ 7 ~ . ~ ~ FS-eYe~~ e ~- ~~ 7 ro r ~ a ~ ~s~ ~~o~,s~ ~20~ s) I m-~~7 .I X09 zo8 ~ = D, D ~ Z D g„S -~ O S, S ~ 11~c D~' ~fe reh c e 1 ai ~J~ ~ l V I • r--~ CzO~~ ~ZO~t~ zl6 COL ~. ~ y~ g ~( !`l o zoo coq D~f~'er~tice. t2~.V, ~/ 9 ._._ for l~ y0.' ~,s~- (zo ~, s) (a o$,s~ ivt ~ ~ l 7 ~a3 z ~~ 1 Z /~A'`/ ~ (z 6 3 ~ off. S) ~ (~ ~ y -.~ a8,.~~Z ^ ~ z ~o L \ 1 .. -z Dg~ S ~ ~g.S ~ ~ ~I~~rc~~e .J1~,.., #~o r ar ~ 90.~hS~ zi7 z0/ ,~. = y ~ ~ ~ _ 2 oq -~- _ -- ~o z o ~ D. ~ I p, ~~ere» ce ~, ~)-~ ~ v-~ .~. = ~z ~ zl t zlv D,'~f~r~~c b e ~~ #z~ ~o r ~ ce, t h S~ • r ~o r ~ 9ce i hs~ °~~ C ~~~ ~ ~ y/8 ~3~ I ~~6 z- (Z 3z-Zo~()Z (~~~-Zoe Z - ~' _ .~ _ s, ~ ~ Yes zoq zaq p~ ~~ever~c~ ~~ ~ ~ 3 ~a v /-~-~ a i In s ~` ~ 07 s~ ~~ °7s~ ~-t. ~ y i S Z _ (zoo-zo7 s)z ~z~3-zo7.s~ - _ _1 ~o D~~ ~f~rer, ~ ~ • • 264 TABLE C Critical Values of Chi-square Significance level for a one-tailed test .05 .025 .O1 .005 Significance level for a two-tailed test d~ .10 .05 .02. ..01 1 2..71 3.84 5.41 6.64 2 4.60 5.99 7.82 9.21 3 6.25 7.82 9.84 11.34 4 7.78 9.49 11.67 13.28 5 9.24 11.07 13.39 15.09 6 10.64 12.59 15.03 16.81 7 12.02 14.07 16.62 18.48 8 13.36 15.51 18..17 20.09 9 14.68 16.92 19.68 21.67 10 15.99 18.31 21.16 23.21 11 17.28 19.68 22.62 24.72 12 18.55 21.03 24.05 26.22 13 19.81 22.36 25.47 27.69 14 -21.06 23.68 26.87 29.14 15 22.31 25.00 28.26 ~ 30.58 16 23.54 26.30 29.63 32.00 17 24.77 27.59 31.00 33.41 18 25.99 28.87 32.35 34.80 19 27.20 30.14 33.69 36.19 20 28.41 31.41 35.02 37.57 21 29.62 32.67 36.34 38.93 22 30.81 33.92 -37.66 40.29 23 32.01 35.17 38.97 41.64 24 33.20 36.42. 40.27 42.98 25. 34.38 37.65 41.57 44.31 26 35.56 38.88 42.86 45.64 27 36.74 40.11 44.14 46.96 28 37.92 41.34 45.42 48.28 29 39.09 42.69 46.69 49.59 30 40.26 43.77 47.96 50.89 Adopted from R. A. Fisher and F. Yates, Statistical Tables for Biolo ig_cal, Agricultural, and Medical Research. London: Longman Group Ltd. (previously published by Oliver 1 and Boyd, Edinburgh), 6th edition, 1974, with kind permission. X58 v~r;~trc~~ ~ be5~ ~~~ ~, ~~.~ CSM_ADDRESS CSM_DESCRIPTION CSM_ RECD_DATE 311 ISLAND WAY Outdoor storage -car batteries, furniture-ABV 1/16/2002 270 SKIFF PT COMMON Trailer (has been there for a few months) 3/20/2002 100 WINDWARD ISL 4 Vehicle with expired tag 7/2/2002 451 PALM ISLAND NE 6-B Unlicesed workers on job. 1/4/2002 341 PALM ISLAND NE Contractor was installing new A/C system with c 2/1/2002 107 MIDWAY ISL 3 Room addition being built with out permits. 3/20/2002 107 MIDWAY ISL 3 Concrete blocks placed on flat roof. Repeat viol 3/20/2002 100 WINDWARD ISL Corner property-large bushes overgrown - cann 2/8/2002 211 DOLPHIN PT Overgrown vacant lot 2/27/2002 100 WINDWARD ISL 4 SHRUBS BLOCKING VIEW /SIGHT VISIBILIT 6/13/2002 130 WINDWARD ISL Overgrown 7/8/2002 107 LEEWARD ISL 1 tree debris by curb 1/3/2002 450 ISLAND WAY 6-A tree cut down over weekend 1/14/2002 100 WINDWARD ISL plant debris/tree? 2/28/2002 318 MIDWAY ISL tree removal in rear yard 3/8/2002 340 PALM ISL NE topped oak tree, resident states someone cut o' 3/13/2002 210 PALM ISLAND SW 6-A Vehicle parked on grass 5/16/2002 500 WINDWARD PSG Roof full of mold 1/4/2002 400 LARBOARD WAY Motor home in street -usually there for a few d~ 1/8/2002 325 MIDWAY ISL refrigerator in driveway with door on -children it 1/10/2002 231 SKIFF PT Boat blocking sidewalk 1/17/2002 231 SKIFF PT Boat in driveway-cannot pass by 1/30/2002 660 ISLAND WAY Boat and trailer in ROW for many days 2/1/2002 330 PALM ISL NE Boat trailer in setback 3/6/2002 112 MIDWAY ISL 3 boat on blocks in driveway 3/7/2002 112 MIDWAY ISL 3 Vehicle for sale-Crown Victoria 3/12/2002 700 ISLAND WAY RV in ROW 3/20/2002 401 PALM ISL NE Trailer in setback 4/19/2002 100 WINDWARD ISL Site visibility problem -shrubs blocking view 6/26/2002 350 PALM ISL SE Cocoa Masonary dumping concrete over the se 7/8/2002 112 MIDWAY ISL 3 Larbe boat on trailer in driveway 5/9/2002 400 LARBOARD WAY U-haul partked in the right of way 5/13/2002 812 ISLAND WAY 8 Trailer stored in the street 6/25/2002 51 ISLAND WAY Semi parked in right of way adjacent to this locs 6/28/2002 51 ISLAND WAY Jetskis stored in ROW tag # XLF-95B exp 02/0: 6/28/2002 15 MIDWAY ISL Electrical problems (keep getting shocked) 7/24/2002 872 HARBOR ISL 7C Water violation (3/7/02, 10:41am) 5/23/2002 707 ISLAND WAY Water violation (3/7/02, 10:50am) 5/23/2002 631 ISLAND WAY Water violation (3/12/02, early am) 5/23/2002 861 HARBOR ISL Water violation (3/12/02, 10:21 am) 5/23/2002 744 HARBOR ISL Water violation (3/20.02, 3:45PM) 5/23/2002 824 HARBOR ISL Water violation (3/25/02, all day) 5/23/2002 300 HARBOR PSG 8 Water violation (3/26, am) 5/23/2002 700 ISLAND WAY Water violation (3/28/02, 1:05am) 5/23/2002 125 LEEWARD ISL 1 Water violation (5/22/02, 1:10pm) 5/24/2002 200 LEEWARD ISL Water violation (5/22/02, 1:09pm) 5/24/2002 118 MIDWAY ISL Water violation (4/9/02, 3:13pm) 5/24/2002 206 MIDWAY ISL Water violation 5/31/2002 312 MIDWAY ISL Water violation (5/13/02, 3:13pm) 5%31/2002 107 MIDWAY ISL Water violation (5/13/02, 3:10pm)ww 5/31/2002 410 WINDWARD PSG Water violation -(6/4/02, 1:30pm, 6/5/02, day tin 6/12/2002 510 WINDWARD PSG 311 HARBOR PSG 8 107 LEEWARD ISL 449 ISLAND WAY 333 ISLAND WAY 106 240 WINDWARD PSG 1203 843 ISLAND WAY • • Water violation (6/5/02, day time) Water violation (6/5/02, day time) Water violation (6/20/02, 3:19pm) Water violation (3/28/02, 11:25am)w housing inspection fire damage possible unsafe OPEN STRUCTURE POOL SCREENS MISSII 6/12/2002 6/12/2002 7/1 /2002 5/23/2002 6/6/2002 1 /3/2002 3/21 /2002 • • grylslandEsta tesCodeVio2002 ParcelNum ParcelNum CASE_TYPE CSM_CAS CSM_VIO_CAT 08-29-15-43344-000-0850 08-29-15-4 CDC CDC2002-i RSPK 08-29-15-79371-000-0001 08-29-15-7 CDC CDC2002-i RSPK 05-29-15-43416-000-0120 05-29-15-4 CDC CDC2002-i GRPK 05-29-15-43458-000-0630 05-29-15-4 CDC CDC2002-i RSPK 09-29-15-43362-000-0720 09-29-15-4 CDC CDC2002-i LNSC 08-29-15-27822-000-1001 08-29-15-2 CDC CDC2002-i RSPK 08-29-15-27822-000-1001 08-29-15-2 CDC CDC2002-i RSPK 08-29-15-43308-000-0220 08-29-15-4 COD COD2002- ENV 08-29-15-43344-000-0310 08-29-15-4 COD COD2002- LDCO 05-29-15-43434-000-0930 05-29-15-4 COD COD2002- BLD 08-29-15-79371-000-0001 08-29-15-7 COD COD2002- LDCO 08-29-15-43344-000-0490 08-29-15-4 COD COD2002- LDCO 05-29-15-43416-000-0020 05-29-15-4 COD COD2002- ENV 08-29-15-03605-000-0001 08-29-15-0 COD COD2002-AUTO 08-29-15-43461-000-0001 08-29-15-4 COD COD2002- LDCO 08-29-15-43461-000-0001 08-29-15-4 COD COD2002- LDCO 05-29-15-43434-000-1020 05-29-15-4 COD COD2002- BLD 05-29-15-00000-310-0100 05-29-15-0 COD COD2002- LDCO 09-29-15-43362-000-0720 09-29-15-4 COD COD2002- DEBR 08-29-15-43398-000-0100 08-29-15-4 COD COD2002- DEBR 09-29-15-43362-000-0720 09-29-15-4 COD COD2002- ENV 05-29-15-43434-000-0770 05-29-15-4 COD COD2002- LDCO 08-29-15-43344-000-0850 08-29-15-4 COD COD2002- LDCO 08-29-15-43344-000-0710 08-29-15-4 COD COD2002- ENV 08-29-15-43344-000-0850 08-29-15-4 COD COD2002- LDCO 05-29-15-43434-000-0780 05-29-15-4 COD COD2002- ENV 08-29-15-79374-000-0001 08-29-15-7 COD COD2002- AUTO 05-29-15-80325-000-0001 05-29-15-8 COD COD2002- LDCO 08-29-15-43344-000-0330 08-29-15-4 COD COD2002- BLD 08-29-15-43344-000-0330 08-29-15-4 COD COD2002- BLD 05-29-15-43434-000-0980 05-29-15-4 COD COD2002- LDCO 08-29-15-90615-002-1060 08-29-15-9 HOU HOU2002-00130 08-29-15-43344-000-0180 08-29-15-4 HOU HOU2002- TNT 09-29-15-43362-000-0720 09-29-15-4 PNU PNU2002-1 DEBR 09-29-15-43362-000-0720 09-29-15-4 PNU PNU2002-(AUTO 09-29-15-43362-000-0670 09-29-15-4 PNU PNU2002-1 DEBR 05-29-15-43416-000-0230 05-29-15-4 PNU PNU2002-1 OTHR 08-29-15-94114-012-1203 08-29-15-9 UNS UNS2002-00001 05-29-15-43458-000-0400 05-29-15-4 UNS UNS2002-00022 05-29-15-4 WTR WTR2002-WATR 05-29-15-4 WTR WTR2002-WATR 05-29-15-4 WTR WTR2002- WATR 05-29-15-4 WTR WTR2002- WATR 05-29-15-4 WTR WTR2002- WATR 05-29-15-4 WTR WTR2002- WATR 05-29-15-4 WTR WTR2002- WATR 05-29-15-8 WTR WTR2002-WATR 05-29-15-4 WTR WTR2002- WRDA 08-29-15-4 WTR WTR2002- WATR 08-29-15-4 WTR WTR2002-WATR 08-29-15-4 WTR WTR2002- WATR Page 1 • qry~ 08-29-15-4 WTR 08-29-15-4 WTR 08-29-15-4 WTR 08-29-15-4 WTR 08-29-15-4 WTR 05-29-15-4 WTR 08-29-15-4 WTR slandEstatesCodeVio2002 • WTR2002-WATR WTR2002-WATR WTR2002- WATR WTR2002- WATR WTR2002- WATR WTR2002-WATR WTR2002-WATR Page 2 grylslandEstatesCodeVio2002 • CSM_ADDRESS CSM_DESCRIIPTION VLV_DESC CSM_RECD_DATE 112 MIDWAY ISL 3 Larbe boat on trailer in drive Residential 5/9/2002 400 LARBOARD WAY U-haul partked in the right o' Residential 5/13/2002 210 PALM ISLAND SW 6-A Vehicle parked on grass Grass Party 5/16/2002 812 ISLAND WAY 8 Trailer stored in the street Residential 6/25/2002 100 WINDWARD ISL Site visibility problem - shruk Landscapir 6/26/2002 51 ISLAND WAY Semi parked in right of way ;Residential 6/28/2002 51 ISLAND WAY Jetskis stored in ROW tag # Residential 6/28/2002 107 LEEWARD ISL 1 tree debris by curb Environme 1/3/2002 500 WINDWARD PSG Roof full of mold Community 1/4/2002 451 PALM ISLAND NE 6-B Unlicesed workers on job. Building Vii 1/4/2002 400 LARBOARD WAY Motor home in street -usual Community 1 /8/2002 325 MIDWAY ISL refrigerator in driveway with Community 1/10/2002 450 ISLAND WAY 6-A tree cut down over weekend Environme 1/14/2002 311 ISLAND WAY Outdoor storage -car batter Inoperative 1/16/2002 231 SKIFF PT Boat blocking sidewalk Community 1/17/2002 231 SKIFF PT Boat in driveway-cannot pas Community 1/30/2002 341 PALM ISLAND NE Contractor was installing nee Building Vii 2/1/2002 660 ISLAND WAY Boat and trailer in ROW for i Community 2/1/2002 100 WINDWARD ISL Corner property-large bushe Lot Clearin 2/8/2002 211 DOLPHIN PT Overgrown vacant lot Lot Clearin 2/27/2002 100 WINDWARD ISL plant debris/tree? Environme 2/28/2002 330 PALM ISL NE Boat trailer in setback Community 3/6/2002 112 MIDWAY ISL 3 boat on blocks in driveway Community 3/7/2002 318 MIDWAY ISL tree removal in rear yard Environme 3/8/2002 112 MIDWAY ISL 3 Vehicle for sale-Crown Victc Community 3/12/2002 340 PALM ISL NE topped oak tree, resident sty Environme 3/13/2002 270 SKIFF PT COMMON Trailer (has been there for a Inoperative 3/20/2002 700 ISLAND WAY RV in ROW Community 3/20/2002 107 MIDWAY ISL 3 Room addition being built wi Building Vii 3/20/2002 107 MIDWAY ISL 3 Concrete blocks placed on f Building Vii 3/20/2002 401 PALM ISL NE Trailer in setback Community 4/19/2002 333 ISLAND WAY 106 housing inspection 6/6/2002 15 MIDWAY ISL Electrical problems (keep ge Rental 7/24/2002 100 WINDWARD ISL 4 SHRUBS BLOCKING VIEW Lot Clearin 6/13/2002 100 WINDWARD ISL 4 Vehicle with expired tag Inoperative 7/2/2002 130 WINDWARD ISL Overgrown Lot Clearin 7/8/2002 350 PALM ISL SE Cocoa Masonary dumping c Other 7/8/2002 240 WINDWARD PSG 1203 fire damage possible unsafe 1/3/2002 843 ISLAND WAY OPEN STRUCTURE POOL SCREEN: 3/21/2002 872 HARBOR ISL 7C Water violation (3/7/02, 10:4 Water 5/23/2002 707 ISLAND WAY Water violation (3/7/02, 10:5 Water 5/23/2002 631 ISLAND WAY Water violation (3/12/02, eai Water 5/23/2002 861 HARBOR ISL Water violation (3/12/02, 10: Water 5/23/2002 744 HARBOR ISL Water violation (3/20.02, 3:4 Water 5/23/2002 824 HARBOR ISL Water violation (3/25/02, all Water 5/23/2002 300 HARBOR PSG 8 Water violation (3/26, am) Water 5/23/2002 700 ISLAND WAY Water violation (3/28/02, 1:0 Water 5/23/2002 449 ISLAND WAY Water violation (3/28/02, 11: Wrong Day 5/23/2002 125 LEEWARD ISL 1 Water violation (5/22/02, 1:1 Water 5/24/2002 200 LEEWARD ISL Water violation (5/22/02, 1:0 Water 5/24/2002 118 MIDWAY ISL Water violation (4/9/02, 3:13 Water 5/24/2002 Page 3 206 MIDWAY ISL 312 MIDWAY ISL 107 MIDWAY ISL 410 WINDWARD PSG 510 WINDWARD PSG 311 HARBOR PSG 8 107 LEEWARD ISL grylslandEstatesCodeVio2002 Water violation Water Water violation (5/13/02, 3:1 Water Water violation (5/13/02, 3:1 Water Water violation -(6/4/02, 1:3i Water Water violation (6/5/02, day Water Water violation (6/5/02, day Water Water violation (6/20/02, 3:1 Water Page 4 5/31 /2002 5/31 /2002 5/31 /2002 6/12/2002 6/12/2002 6/12/2002 7/1 /2002 _ iy6f~ ,. RESTRI~NS -ISLAND ESTATES OF CLEARER, UNIT SIX C KNOW ALL MEN BY THESE PRESENTS, That the unierslgned corpc.rallon, being the owner In tae dmple of all of t ISLAND ESTATES OF CLEARWATER, UNIT SIX C, actor iing b the ma,p or plat thereof recorded la plat 3ook 8l 1 Pvtge 109, Public Records of Pinellas County, orlde, does hereby declare that all of said subdivision la Lwblect b th• folbw- ing restrictions: These reatrletlons sad llmltationa shall be coveaants running with the land, retardleaa o! whether or not theq are spec- - itlcally mentioned In any deeds of conveyance subsequently executed. A. BUILDINGS, I. All of the above property shall be known and described as trsldential property and no structtsra shall be erected oa any parcel of the same other than one detached, slrtgle tamlly dwelling, and one attached private garage o! the ume itrhl- tecture and general design as the residence, both to be constructed of new material. 2. No outbullding of any nature may be erected on the property and no gangs or other struchtre shall be erecters m the property prior to the erection of the residencta. 3. Nu trailer, basement, tent, aback, ¢¢arege, barn or other outbullding shall at any time be teed as a realdeatt tempor_ artly or permanently, nor shall any realdentt of a temporary rltancter be permltbed. No structure of arty kind shat be moved onto any part of the above described property. 4. No residence shall be erected upon said property, which rest~ience hu teat than 1,400 square feet of floor area on the ground floor, sold ground floor measurement to ba exclusive of porches, patla,~breezeways, garage and other areas tvblch are either open or enclosed solely by screens. For the ppurpose of measurement b determine rnmpllantt w1W this restrlctlon, outside wall dimensions may be used. No gauge atnaller than a two-cer garage may tx erected on the property. B. LOTS AND LOCATIONS OF BUILDINGS. 1. No residence shell be constructed on any lot or parcel having feu than 7,600 square teat. 2. No building shat( be erected nearer than twenty_flve feet (2S') to any street !ot line or twenty feet"((20') b any waterfrunt lot line. Nn bullding or part (hereof-shall be erected nearer then seven and a halt teat (T.S') to any dde lot line ar lnlcrior lot Ilne. No roof overhang or cave may be clover than flue feet (S') to any side lot.llne or lnterlor lot flue. WALLS, OTHER STRUCTURES AND OBSTRUCTIONS. I. No fence or well shell be rnnafructe o t nearer to anq lot line then the bullding setback flues set out in para. graph B-2 hereinbefore, without the permisslon of the developer. es a e erec or use n e roperty In such a manner that Bald poles, -lnea or cloth- ing thereon shall be visible from the ctree; water or ad)acent lots. 3. All garbage or trash contalnen, oil tanks, bottle gas Wnkc, soh water tanks, air condltlonen or other moors, com- pressors, equipment machinery and slmller structures or lnslallation, shall be placed under the surface of the ground or so that they shell not be visible from the street, water or ad)acent property, D. WALKS AND DRIVEWAYS. All walks and drtveways shall be constructed of concrete from the curb to'the lot line and the remaladCr shall be paved continuously of concrete or flue lncltea (6") of comppacted oyster shell wlUt double surface treatment or equal. Nc strip or ribbon driveways shall be constructed or permitted. 1'Lna and speciflcetiory tot walks and driveways shall be tub)ect b the approve) of the developer and shall be submitted to the developer together with Ute plane for any proposed residence. Drtve_ way approaches shall be constructed of 2300 ]b. concrete. Driveway apprwches shall be defined as that portion of any driveway between the exlting curb and the front lot line. E. DOCKS AND BOATS. 1. Any dock, boathouse, bullding or structure over the water ad)olning the property shall be constructed of 22-pound pressure-creosoted piling end Celcurc decking or better. 2. No dock shall extend more then thirty feet (30') from the seawall. No tie-oft piling may extend a distance of more than forty feet (40') from the seawall. 3. No lock shall be placed so as to hinder navigation in the walenvays between the islands. 4. No dock or tie-oft plling shall be constructed wlthln twelve feet (12') of the pro}ectlon of any side ~or interior lot Ilse. 5. No boat may be so anchored or moored as to Interfere with nevlgatlon. F. SIDEWALKS. There shall be constructed In accordance with Plaru tiled-with the office nt the CltyEnglneer awd the Developer, side- walks in the right-ot-way on the street side(s) of every lot In this Development. A 4-foot wide ddewalk shall be construc- ted with the street side of the sidewalk flue (S') feet off of the right-ot-way line. Said sidewalk shall be constructed of 3000 Ib. P.S.I. concrete, (armed and poured tour tnchcs (4") thick; except at driveways or vehicle crouing zotxa where the thickness shall be six inches (8"), reinforced with 8 : 6 tea (10) gauge wire mesh. Sidewalk eonstructlon shall be b llna and grades in accordance with Specifications approved by the Developer. Plot or site plans, wben submitted to the Developer for architectural approval, shall show sldewelks. Sldevniks shall be constructed simultaneowly with the driveway and no dwellin¢ or bullding shall be occupied before the sldewalJu sre completed. When the right-of.way available narrows down (Lots h0-611 the sidewalk shell occupy all of the right-ot.way behind the curb. G. GENr;KAL 1. No grade or elevation of any portion of any lot may be changed without the speclUc consent o[ the developer. 2. No curb, drainage structure, water Ilnes, sewer 1tnR, seawall or portion of any street shall be removed or altered for any purpose without the specltlc consent of the developer. 3. Owners of respectiv: lots shall be directly tlnanclaUy responarble to the developer for damage to the foregoing im- provementa resulting from the actions of emp!oytea of Bald owners or Independent contractors tttntlahing labor or materiel Lb or for sa[d owners. 4. No structure shall be erected, placed ar permitted, and no alterations shall be made or permitted on the property whlrh shall in any way hltider tfie. surface or strbaurtace drainage of the property. 5. No bullding, structure of Installallon, lncluding but not Ilmlted !o residence, garage, patio, boathouse, dock, wall, fence, mass planting ahd barbecue grltl, shall be constructed, erected, Dlaced or pormltted upon the property until the plans and spec/tfcatlona therefor have tlrst been approved by the developer or !ta designated aulhorlty. The Bald plane and specificatlona shell be submitted by the owner to the developer In duplicate, one of which shall be returned to Nr owner when approved or re)ected, and the other retained by the developer. Approval by Ne developer of aald plans and apeclticationa shall not be deemed to be a waiver of these reatrlctlona. The developer hereby reserves the right to disapprove plena and specltlcatlons solely, on the basla of AeatheUca. e. By taking tlUe sub)ect to these restrictions, purchasers from the developer and the successors in title to such purchasq hereby acknowledge that the developer will continue dredging, tilling and construction operations on the other.laods of the developer In the vlcinlty of the properly, and the said purchasers and their successors In title do, by taking UUe sub)ect b these r~irlctlons, waive claims for damages which might result from fumes or gases resulting from dredging operatlona, and do waive ob)ectlons to the zoning of the other lands, of the developer by the City of Clearwater according to the dealrea of the developer. No bullding shall be erected upon the property using any paint or other meterlals which will become dls- colorerl or damaged by the francs or gsaea which might result from dredging operations. 7. No noxlcua or otfenaive trade or actlvlty tha'11 be carried on upon any lot, nor shall anything be done thereon phlctt may be or become an enno~ance or nuisance to the neighborhood, ~~ .. V • * 8. No animals livestock or Poultry of any kind shall be .nlsed, bred or kept on any lot, except that not more than three (3) dogs, cats and other household pets maY be kept, provided that they arc not kept, bred or rnalntalned for any commercial purposes. 9. No sign of any kind shalt be displayed to the public view oa any lot or buUding except (I) A alYt[ of not more than flue (S) square feet advertising the property for..sale or rent, or (7) signs used by ^ bWl er to advertise the property during the conatrurllon and sales period. "10. No vehlcle~shall.be$regularly:parkedronFany~part oL-this pproperty ~xcept'oe paved{streeta and paved driveways. j No~trailers"~'oE' o'mmercial ~%shlcles, other than".those preaent~on bt_nlntss maybe parked Jn the iubdivlslon. -' .~ ~11-Noitructur llshe abbe erec[ed or moved upon any part of the prcmises herein described, nor shall any ctidnge or'mod- iticatlon be made in the exterior of any such structure unless the exterior plans and speclflcatlona thereof or such proposed modlficatiorra showJng the nature, kind, shape, height and location thereof, shall have been submitted to, and in wrtting app- roved by the dove o,rer or Its duly designated authority. 12. North Bay Company, a FloriHa corporation, la hereby designated as "the developer" for the uses and purposes of these restrictions. '3• The developer shall have the right and authotity to approve exceptions or varleUons from these restrictlona without notice or IIability to the owner of other lots or any parsons or authority whatsoever. - I~• Should more than one lot, as shown on the plat of the subdivision, be used as a single bWlding site, these restrictions shall apply as though the entire. building site were one lot. IS. These covenants and restrictlona are real covenants and rwtrlctlons and are lo'run with the land, and shall be binding on all partjea and owners, and on all parties c~a4ning under them, for a period of twenty-five (25) years from the dale these covenants and rertrlctions are recorded, after whtch time said covenanU and restrictlona shall be automatically extended for ~~ ~-~ succesnlve periods of tea (IQ) years each, unless prior to the commencement of any 10-year p~eriod, an Instrument In writing, signed by a mo)orlty of the owners of lots, has been recorded !n tha'Firbllc Records of Pinellas County, Florida, which tafd Instrument shall agree to change, alter or rBsclnd said covenants and restrictlona in whole or 'In pert. le.lt any person, tfrm or corporation, or their heirs, successors or assigns, shall violate or attempt to violate any of these restrictlona before their expiration, It shall bu law1W for any other person or persona owning any part or parcel of any above described land to prosecute any proceeding at law or in equity ngalnat the person vlo-ating or attempting to violets any such covenant or rest ctlons and either to prevent him or them from ao doing or to recover damages or other dues for such violation. . 17. Invalldatlon of any one of these covenants by judgment or court order shall In no wise affeM any of the other pro- . vLlons, which shall remain In full force and effect. .~ .;, ' RESTRICl•1S -ISLAND ESTATES OF CLEARWI'~t, UNIT SIX B ~' KNOW ALL MEN HY THESE PR)SSENT3, That the tmderslgned corporation, being the owner In fee simple of all of ISLAND ESTATES OF CLEARWATER, UNIT SIX B, accordlrtg to the map or plat thereof recorded In Plat Book 8l, Page 4D, PubIlc.Records of Pinellas County, Florida, does hereby declare that all of said subdivision V subject to the lollow- Ing restrictlons: These nstrlctlons and llmltaUow sbaU be covenants runnlrtg with the land, regardless of wheUter ar not they are spec. Wcally mentioned In any deeds of conveyance subaequent>,y ezecuted. A. BUILDINGS, 1. All of the above property shall be known and described as residential property and no structure shall be erected on any parcel of the same other than one detached, single famUy dwelling, and one attached private gangs of the tame irchl- tecture and general design es the residence, both to be constructed of new materials. 2. No outbuilding of any nature may be erected on the property end no garage or other structure shall be erertat on the property prior to the erection of the residence. 3. No trailer, basement, tent, shack, Q~~age, bent or other outbuilding shall at any time be used as a raldeace, tempor_ arlly or permanently, nor shall any residence of a temporary character be permitted. No structure of any kind shall be moved onto any pert of the above described property. 4. No residence shall be erected upon said property, whioh residence has less then 1,400 square feet of floor area on the ground floor, said ground floor measurement to De exclusive of porches, patios, breezeways, garage and other areas which are either open or enclosed solely by screens. For the purpose of measurement to determine compliance with this restrlctlon, outside wall dimensions may be used. No garage smaller than a two-ca; garage may be erected on the property. B. LOTS AND LOCATIONS OF BUILDINGS. 1. No residence shall be constructed on say lot or parcel having leu khan 7,600 square feet. 2. No building shall be erected nearer than twenty.flve feet (28') to any street lot I1ne or twenty feat ((20') to any waterfront lot Itne. No building or part thereot•shall be erected nearer then seven and s halt feet (T.S') to say dde lot line or interior lot Ilne. No roof overhang or cave may ba closer than flvo feet (6') to any side lot Ilne or Interior lot Ilne. C FENCES, WALLS, OTHER STRUCTURES AND OBSTRUCTIO 1. No fence or wall shell be constructed or permitted nearer to any lot ]!ne than the building setback Ilna set out In para- graph B-2 hereinbefore, without the permisslo of . o c othea drying poles or Ilnes shall be erected or used on the property In such a manner that sold poles; n ing thereon shell be vlslble from the street, water or adjacent lots. ' 3. All garbage or trash contalnen, oU tanks, bottle gas tanks, soft water tanks, air conditioners or other motors, com- pressors, equipment, machinery and stmllar structures or Ltstelialfon, shall be placed under the surface of the ground or sa that they shall not be vlslble from the street, water or adjacent property. D. WALKS AND DRIVEWAYS. All walks end driveways shall be constructed o1 concrete from the curb to'the lot line and the remalndsr shall be paved continuously of concrete or flue !aches (6".) of corn oyster shell with double surface treatment or'equal. No strip or ribbon driveways shay be constructed or permitted. Lns and spedtlcatlons far walks and driveways shall be subject to the approval of Ute developer and shall be submitted to the developer together with the plans for any proposed residence, Driva_ way approaches shall be constructed of 2500 lb. coaritte. Driveway approaches shall be defined u that portion of any driveway between the ezLting curb and the front lot liras. , E. DOCKS AND BOATS. 1. Any dock, boathouse, bullding or structure over the water adjoining the property shall be constructed of 22-pound pressure-creosoted plling and Celcure decking or better. 2. No dock shall extend more than thirty 1cet (SO') hosn the seawall. No Ue-oil piling may eztend a dlstanee of more than forty feel (40') from the seawall. 3. No lock,shall be placed so as to hinder navlgatlon In the watenvaye between the Islands. .. 4. No dock or tie-oH plling shall be constructed within twelve feot (12') of the projection of any aide or Interior lot line, 5. No boat may be so anchored or moored as to interfere with navlgatlon. F. SIDEWALKS. There shall be constructed In accordance with Plans filled with the office of the City' Engineer and the Developer, side- walks in the right-ot-way on the street side(s) of every lot In this Development. A 4-toot wide ddewallc shall be construc- ted with the street side of the sidewalk five (6') feet oat of the right-ct-way line. Sold sidewalk shall be constructed of 3000 Ib. P.S.I. concrete, formed and poured four lncha (4") thick; ezcept at driveways or vehicle crossing zoaa where the thickness shell be six inches (B"), reinforced with tl z 8 ten (10) gauge wire mesh. Sidewalk conatructlon shall be to tines and grades in accordance with Specifications approved by tht Developer. Plot or alts plane, when submitted to the Developer for architectural approval, sha^ show sidewalks. Sidewalks shall be constructed simultaneously with the driveway sad o0 dwelling or building shall be occupied helots the sidewalks are completed. When the right-ot-way evallabie narrows doom (Lots BB-82) the sidewalk shall occupy all of the right-ol,way behind the curb. G. C;ENIr'NnL 1. No grade or elevation of any portion of any lot may be changed without the specJLc consent of the developer. 2. No curb, drainage structure, water Ilnes, sewer tins, seawall or portion of any street shell be removed or altered for any purpose without the specific consent of the developer. 3, Owners of respectlv,a lots shell be directly ilnenclally responsFble to the developer for damage to the foregoing im- provements resulting from the actions of employees of sold owners or independent contractors furnishing labor or materials tb or for Bald owners. \ 4. No structure shall be erected, placed or permitted, and no elteretlons shell be made or permitted on the property which `~\~spa)I in any way hinder the surface or aubaurtace dnlnage of the property. VV// S. No building, structure or lnatallation, including but not IlmJted to residence, garage, patio, boathouse, dock, wall, fence, mesa planting and barbecue grill, shall be constructed, erected, placed or permitted upon the property until the plans and ltlcatlons therefor have first been approved by the developer or Its designated authority. The said plans and specifications s all be submitted Dy the owner to the developer In duplicate, one o! which shall be returned to the owner when approved or rejected, and the other retained by the developer. Approval by the developer of said plans and specltlcatioas shall not be deemed to be a waiver of these restrictions. The developer hereby reserves the right to disapprove plans and speclllcatlons solely, on the heels of AestheUa. e. By taking t1Ue subject to these restrictions, purchasers from the developer and tho successors to title to such purchases hereby acknowledge that the developer will continue dredging, filling and construction operations oa the other .lands of the developer in the vicinity of the pr arty, and the sold purchasers and their successors In title do, by taking title subject to these reetrlctlons, waive claims for damages which might result horn fumes or gases rosult-ng from dredging operations, and do waive objectlona to the zoning of the other lands, of the developer by the Clty of Clearwater according to the desires o! the developer. No building shall be erected upon the pro~arty using any paint or other materials which will become dis- colored or damaged by the tomes or gases which might result from dredging operations. 7. No noxious or olfenslve trade or activity shell be carried on upon any lot, nor shall anythlag be done thereon w.hlch may be or become an annoyance or nuisance to the neighborhood. ,. • g. No animals, livestock ltry of any kind shall be raised, bred or kept on any ~cgpt that not more than three ~ `(3) dogs, cats and other house pets may be kept, provided that they are not kept, bred~Tmaintalned for any cotnmerclal purposes. 9. No alga of any kind shall be displayed to the pu611c view on any.lot or building except (1) a sign of not [Wore than Ilve (S) square feet advertlain the property for sale or rent, or (4) signs used by a builder to advertise the property during the canstructlon and sales per~od. •~0. No vehicle sheil'be >'eQtilarly parked on any,., part~,of .this .property except on paved streets and paved driveways.' ~ No`tira`ileis` or`r'commercial i ehlcles;: other than "those"preaent' on business, may be parked In the subdivision. 1 I No structure shall be erected or moved upon any part of the premises herein described, nor shall any change ar mod- ificatlan be made In the exterior of any such struMure unless thr. exterior plans and speclficatlons thereof or such proposed modlflcatlom show1ng the nature, kind, shape, height aad location thereof, shall have been submitted to, and in writing app- roved by the developer or its duly designated authority. 12. North Say Company, a Florida corporation, is hereby designated as "the developer" for the uses and purposes of these reslrlctlona. '.3. The developer shall have the right and authority to approve exceptions or variations from these restrictions without notice or liability to the owners of other lots or any persona or authority whatsoever. 19. Should more than one lot, as shows on the plat aI the subdivision, be used as a single building site, these restrictions shall apply as though the entire building site were one lot. IS. These covenants and restrictions are real covenants and restrletlons and are to run with the land, and shall be binding on all parties and owners, and on all parties c~aLning tinder them, for a period of twenty-five (23) years from the date these covenants and restrictions are recorded, alter which time Bald covenants and restrictions shall be automallcally extended for successive periods of ten (10) years each, unless prior to the commencement of any 10-year period, an Instrument in writing, signed by a moJorlty of the owners of lots, has been recorded in the public Records of Pinellas County, Florida, which said Instrument shall agree to change, alter or rescind said rnvenanta and restrictions In whole or In pert. \`If Ib. tt any perwn, firm or corporation, or their helre, successors or aaslans, shall violate or attempt to violate any of These reslrlctlona before their expiration, It shall ba lawful for any other person or persona owning any part or parcel of any above described land to prosecute any proceeding at law or in equity against the person violating or attempting to violate any such covenant or re:frictions and either to prevent him or them from ao doing or to recover damages or other dues for such violation. . I7. Invalldetlon of any one of these covenants by Judgment or court order shalt in no wise affect any of the other pro- vlslons, which shall remain In full force and effect. / i / ~ ~ 1 (~ f/ RE~TIONS -ISLAND ESTATES OF CLE TER, UNIT 76 '~ KNOW AI.L MEN BY THESE PRESENTS, That the undersigned corporation, be ng the owner in fee simple of all of ISLAND @STA'fES OF CLEAitWATER, UNIT SL•'VEN B, ac~vrdittg to llte map or plat thereof recorded !n Plat Hook 84, Page 70, Public Records of Pinellas County, Florida, does hereby declare -hat all of said subdivision is subject to the following restrictions: These restrictions and limitations shall be covenants running with the lend, regardless of whether or not they ere specifi- cally mentioned In any deeds of conveyance subsequently executed. A. BUILDINGS. 1. All of the above property shall be known end described as residential properly and no structure shell be erected on any parcel of the same other than one detached, single family dwelling, and one attached private garage oI the same archi- tecture end general design as the residence, both to be conslrucled of new materials 2. No outbuildings of any nature may be erected on the property and no garage or other structure shall be erected on the property prior to the erection of the residence. 3. No trailer, basement, lent, shack, garage, barn or other outbuilding shell at any time be used as a residence, temp- orarily or permanently, nor shall any residence of o temporary character be permitted. No structure of any kind shall be moved onto any part of the above described properly. 4. No residence shall be erected upon said property, which residence has less than 1,550 square feet of floor area on the ground floor, said ground floor measurement to be exclutive of porches, patios, breezeways, garage and other areas which arc either open or enclosed solely by screens. For the purpose of measurement to determine compliance with this restriction, outside wall dimensions may be used. No garage smaller than atwo-car garage may be erected on the property. 5. No houses shall be ao designed or wood trim ao used that Il is allowed purposefully or olhertvise to show a weathered look to the exterior. 8. All concrete block houses and/or walls shall have a minlmum of if," stucco finish unless decorative block Is used for decorative purposei - - - 7. All root coverings shall be concrete file or built up roof with marble chip or equivalent. B. LOTS AND LOCATIONS OF BUILDINGS. 1. No res[dence shall be constructed on any lot or parcel having leas than 9,000 square feet, unless so platted. 2. No building shall be erected nearer than twenty-Lve feet (25') to any street lot line or to any waterfront lot floe except Lota 37, 38, 39, and 90, which shall have a twenty toot (20') waterfront setback. No bullding or part thereof shall be erected nearer than seven and a half feet (7.5') to any side lot line or Interior lot Tina except a front wing wall which shall not he erected nearer than four feet (9') to any side lot line unless there is a gate (not to be leas than two feet and eight inches (2' 8") in width), than the wing wall may go up to the aide lot line. No root overhang or cave may be closer than five feet (5') to any side lot line or Interior lot line. C. FENCES, WALLS, OTHER STRUCTURES AND OBSTRUCTIONS. ce or wall shall be constructed or permitted without the permission of the developer, together with the written Dermisston of octret -----~. ~thes drying poles or lines shall bo erected or used on the properly In such a manner that aald poles, lines or clothing thereon shall be visible from the street, water or adjacent lots. 3. All garbage or trash containers, oil tanks, bottle gas tanks, soft water tanks, air conditioners or 'other motors, com- pressors, equipment, machinery- and similar structures or installation, shall be placed so that they shall not be visible from the street, wafer or adjacent property. D. WALKS AND DRIVEWAYS. All walks and driveways shall be constructed of concrete from the curb to lot line and the remainder shall be paved continuously of concrete or five inches (5') of compacted oyster shell with double surface treatment or equal. No strip or ribbon driveways shall be constructed or permitted. Plans end specifications for walks and driveways shell be subject to the approval of the developer and shall be submilt~Kl to the developer together with the plans for any proposed residence. Drive- way approaches shall be constructed of 2500 Ib. concrete. Driveway approaches shall be defined as that portion of any drlve- '' '° ~ way between the existing curb and the front lot line. - , E. DOCKS. I. Any dock, boathouse, building or structure over the water adjoining the property shall be constructed of 22-pound pressure-creosoted piling and celcure decking or better. 2. Boathouse shall mean root only, no sides, root shall .be a built up root, shall be roofed with 90 lb. tell rooting topped wllh gravel or other material compllritenting the root of -he residence. 3. No dock shell extend more than thirty feet (30') from the seawall. No tie-oil piling may extend a distance of more than forty feet (90') from the seawall. However, at the discretion of the developer, the dimensions may be extended to forty feet (90') and [illy feet (SO') respectively, if necessary for adequate water depth. 9. No dock shall be placed so as to hinder navigation In the waterways between the fstanda. S. No dock or tie-off piling shall be conslrucled wilhln twelve feet (12') of the projection of any side or interior lot line. 8. No boat may be so anchored or moored as to interfere with navigation. 7. A davit on the aide of .the dock shall count as ten feet (10') of dock when placing the dock for construction. F. SIDEWALKS. There shall be constructed in accordance with Plans filed with the office of the City Engineer and the developer, side- .valks in the right-ol-way on the street side(s) of every lot in this development. A 9-foot wide sidewalk shall be constructed with the street side of the sidewalk live fact 15') off of the right-of-way line. Said sidewalk shall be constructed of 3000 Ib P.S.I. concrete, fornied and poured four inches (9") thick, except at driveways or vehicle crossing zones where the thickness shell be six inches (8"), reinforced with 8 x 6 ten (10) gauge wire mesh. Sldewaik construction shall be to'lines and grades in accordance with speciticationa approved by the developer. Plot or site plans, when submitted to the developer for architec- tural approval, shall show sidewalks. Sidewalks shalt bo constructed simultaneously wllh the driveway and no dwelling or building shall be occupied before the sidewalks are completed. When the right-ot-way available narrows down the sidewalk shall occupy all of the right-ol-way behind tltc curb. G. GENERAL. 1. No grade or elevation of any portion of any lot may be changed without the specific consent of the developer. 2. No curb, drainage structure, water tines, sewer line, seawall or portion of any street shall be removed or altered for any purpose without the specific consent of the developer. 3. Owners of respective tots shall be directly financially responsible to the developer for damage to the foregoing im- provements resulting from the actions of employees o[ said owners or independent contractors tuntishing labor or materials to or for said owners. 9. No structure shall be erected, placed or permitted, anJ nn alterations shall be made or permitted on the property which shall in any way hinder the surface or subsurface drainage of the property. ` ' _:, S. No building, structure allatlon, including but not limited to residence, garag boathouse, dock, well, fend, mass planting and barbecue gr be constructed, erected or permitted upon the prop X11 the plans and specifications therefor have first been appro the developer or its designated authority. The said and apec(f[catlons shell be `a submitted by the owner to the eloper in duplicate, one of which shall be returned to a owner when approved or rc- )ected, and the other retained by the developer. Approval by the developer of said plans and apecltlcatlons shall not be deemed to be a waiver of these reatrictlons. The developer hereby reserves the right to disapprove plans and apecltlcatlons solely on the basis of aesthetics. 8. By taking title subject to these restrictions, purchasert from the developer end the successors In title to such purchaser hereby acknowledge that the developer will continue dredging,' filling and construction operations on the other lends a[ the developer in the vicinity of the property, and the said purchasers and their successors in title do, by taking title subject to these restrictions, waive claims for damage which might result from. fumes or gases resulting from dredging operations, and do waive objections to the zoning of the other lands, of the developer by the City of Clearwater according to the desires of the developer. No bullding shall be erected upon the property using any paint or other materials which will become discolored or damaged by the fumes or gases which might result from dredging operations. T. No noxious or oftanslve trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 8. No animals, Ilvestock, birds or poultry of any kind shall be raised, bred or kept on any lot, except that not more than three (3) dogs, cafe and other household pets may be kept, provided that they are not kept, bred or maintained for any com- mercial purposes. 0. No sign or flags of any kind shall be displayed to the public view on any lot or building except (1) a sign of not more than two (2) squorc feet advertising the properly for sale or rent, or (2) signs not to exceed five (3) square feet used by a builder to advertise the property During the construction and caiea periai.._~.~_~. ]0"` No°vehlcle~shall"be regularly'parked`on any part of thin property except on paved streets and paved driveways. No tt`etlers orScornm'ercial vehlcle~;_other_than-those-present4on. busmess,_may be parked in the aubdlvisiLn.~ `" --- ---~ 11-~No_trailer-shall"be placed upon the-property~No-boat-shat"be'p]aced'upon the property more then thirty (30) day ~12.--Nostructure'ahall-be~erected`or"moved-upon-any~part-of-the premises herein described, nor shall any change or modl- ficetion be made in the exterior of any such structure unless the exterior plans and specifications thereof or such proposed _ modifications showing the nature, k(nd, shape, height and location thereof, shall have 'been submitted to, and` In writln~ approved by the developer or Its duly designated authority. 13. No home constructed upon any of the aforementioned property shell be used ea a model home unless the Developer has granted written permission upon specific request for each lot for such use and such permission may timlt the time of such use, the size and number of advertising signs. 14. The area between the sidewalk and the curb on these Iota shall not receive such treatment as to be acceaaively dltticult or expensive to replace when removed for utility installation or service. Examples of the above are gravel surfaces bonded In asphalt, solid concrete surfaces and large plants or plantings which may be difllcult to remove and reset. Exceptions to this shall be the drive approach which shall be concrete (see Paragraph D). 15. North Bay Company, a Florida corporation, is hereby designated as "the developer" for the uses and purposes of these restrictions. 18. The developer shall have the right and authority to approve exceptions or varlatlona from these reatrictlons without notice or liability to the owners of other lots or any persona or authority whatsoever. 17. Should more than one lot, as shown on the plat of the subdivision, be used as a stogie bullding site, these restrictions shall apply as though the entire butlding site were one lot. " 18. These covenants and reatrictlons are real covenants and restrictions and are to run wiW the land, and sball be binding on ::11 parties and owners, and on ell parties claiming ,under them, for a period of twenty-five (ZS) yeah from the data these covenants and restrictions are recorded, after which time said covenants and restrlctlona shall be automatically extended for successive prrt•,ds o[ ten !10) ;•e~ra eac!t; unleat prior to t!+e cotnmenc>m~nt of soy 1~!.year puled, an Lhstnt:ncnt !r.:e*itlr_~, signed by a majority of the owners of lots, has been recorded In the Public Records of Pinellas County, Florida, which sold instrument shall agree to change, alter or rescind said covenants and reatrictlons In whole or In part. 19. If any person, Ilan or corporation, or their heirs, successors or assigns, shall violets or attempt to violate any of these restrictions before their expiration, It shall be lawful for any' other person or persons owning any part or parcel of any above described land to prosecute any proceeding at law or in equity against the person violating or attempting to violate any such covenant or restrlcuona and either to prevent hIm or them from so doing or to recover damages or other dues for such violation. • ~20. - Invalidation of any one' of these covenants b °' ~ - - visions, which shall remain in toll force and ettect.y judgment or court order shall in no`wlse effect"etny of the otter pi•o- / ,~i l -, ~.: '^ v • ~ RESTRIC'~ - ISLAND ESTATES OF CLEARW~, UNIT 8 KNOW ALL MEN HY THESE PRESENTS, That the undenlgned corporation, being the owner In lee simple of all of 13WND ESTATES OF CLEARWATER, UNIT EIGHT, accordling to the map or plat thereof recorded in Plat Book 84 Pagc 79 and T4, PubUc Records of Plnellu County, Tlor[da, does hereby declare that all of said subdivision is sub)ect to the following reatrlctlons. These reatrlctloas and UmJtatlons shall be covenants running with the land, regardless of whether or not they are specie- . tally mentioned In any deeds of conveyance subsequently executed. A. BUILDINGS. 1. All of the, above property shall ba known and described as residential properly •nd no structure shall be erected on any parcel of the same other than one detached, single Enmity dwelling, and one attached private garage of the same •rchl- ~tec-t-ur~e.and general design as the residenoe, both to b• oonstruoted o! new materlaL• t;, Z!~No,outbu-ldln~ofiny~natuce1may_beterected oa the property and no prage or other structure shall be oreeted on ;the property.,.prloeY;;at~o t~ha=erection-ot-lha.reatdeaa`e. ~9~~No trailer, basement, tent, shack garage, barn or other outbuilding shall at any Uma be used as ^ realdence, temp- onrllr or,.permanenlly, nor shall any residence of a temporary character be permitted. No structure of any kind shall be moved ~onlo any~part of the above described property. 4. No realdence shall be erected upon said property, which residence hen leas than 1,SS0 square feet of floor area on the ground floor, aald ground floor measurement to be exclusive of porches, patios, breezeways, garage and other areas which era either open or enclosed solely b screens. For the purpose of measurement to determine compliance a•Ith this reatrlctlon, outalde wall dimensions may be use No garago smaller than atwo-car garage may be erected on the property. 3. No houses shall be w designed or wood tram so used that It Is allowed purposefully or otherwise to show a weathered look to the exterior. 8. All concrete block houses sad/or walls shall have a minimum of ~" stucco tinlah unless decorative block is used for decorative purposes. . T. All root coverings ahail be concrete file or built up roof with marble chip or equivalent. 8. On lot B7 no bullding or structure shall be erected higher Utah the one story bullding with a one In three root pitch. 8. LOTS AND LOCATIONS OF BUILDINGS. 1. No realdence shall be constructed on any lot or parcel having leas than D,000 square feet, unless so platted. ' Z. No building shall be erected nnrer than twenty-five test,(2 'j? to anystreet )ot Une or to any waterfront lot Une. No bullding or part thereof shall be erected nearer than seven and a hall~eet (7.5') lo''~any side lot Ilne or Interior lot Une except a front wing wall which shall not be erected nearer than four tact (4') to any^alde lot Une unless there Is ^ gala (not to be less than two feet and eight inches (Y 6") in width), than the wing wall may go up to the side lot Una. No roo! overhang or cave may be closer Nan five feet (S') to any aide lot Ilne or inferior lot line. C. FENCES, WALLS, OTHER STRUCTURES AND OBS'IRUCTION3. 1. No fence or wall shall be constructed or permitted without the permlasloa of the developer, together with the written perm) ono , 2. o c othes ry n be erected or used on the property la such a mamer Nat said poles, lines or clothing thereon shall ba vlalble from Ne street, water or adiacent lots. presaors,Aequlpment, mach eery and almilarl structures for fnstallaUonshall beaplaC~ ,O~that tQe~ onahanU feet obNe v1s1b1eN om Ne street, water or adJacent property. D. WALKS AND DAIVEWAY3. ' All walks and driveways shall be constructed o! concrete from the curb to lot Une and Ne remainder shall ba paved contlnuoualy of concrete or five lnchu (3") of compacted oystor shell with double surface treatment or ual. No strip or ribbon drlvewaya shall be constructed or permitted. Plans and apecltlcallons for walks and driveways shaU~e subject to Ne approval of the developer and shall be submitted to the developer together with the plans for any proposed realdence. Drive- way between the existing curb and Ne front lot Une. The driveway and/or drive approach on lob 1 dr 2 shall be on Ne norN ..halt ot,the property. , E. DOCKS. 1. Any dock, boathouse, bullding or structure over the water ad)oining Ne property shall be constructed of 23-pound pressure-creosoted piUng and celctue decking or better. 2. Boathouse shall mean root only, no aides, root shall be a built up root, shall be roofed wiN 00 lb. felt roofing topped with gravel or other material compllmenting Ne root of Ne realdence. 3. No dock shall extend more Nan thirty feet (30') Tram the seawall. No ale-oat piling may extend a dlatance of more than forty feet (40') from the seawall. However, at the discretion of the developer, Ne dlmenalons may be extended to forty feet (40') and Ilfty feet (SO') respectively, 1f necessary for adequate water depth. 4. No dock shall be placed so as to hinder navigation In the tvaterwaya between Ne islands. 'i 5. No dock or.tte-oaf p1Ung shall be constructed wilhln twelve feet (12') of Ne pro)ectlon of any side or Interior lot line. 8. No boat may be ao anchored or moored as to Interfere wllh navigation. 7. A davit on Ne aide of Ne dock shall count as ten Seel (!0') of dock when placing the dock for construction. F. SIDEWALKS. There shop be constructed !n accordance with Plans filed with the oftlce of the Clty Engineer and the developer, slde- walks in the riglil-ol-way on Ne street side(s) of every lot fn this development. A 9-foot wide aldewalk shall be constructed with the street side o[ the sldewelk Elva feet (S') oat of the right-of-tvay Ilne. Said sldewelk shall be constructed of 3000 !b P.3.1. concrete, formed and poured tour Inches (4") thick, except at driveways or vehicle cro»Ing zones where Ne thlckneaa shall be alx inches (8"), reinforced w1N 8 x 8 ten (10) gauge wire mesh. Sidewalk construction shall be to Unea and grades In accordance with apeclilcatlons approved by the developer. Plot or site plans, when aubmltted to the developer for archllec- tural approval, shell show sldewaUra. Sidewalks shall be constructed simultaneously with the driveway and no dwelling or building shall be occup[ed before the aidewalka are completed. When the right-of-way available narrows down the sldewelk shall occupy all of the right-ot-way behind Ne curb. G. GENERAL. 1. No grade or elevation of any portion of any lot may be changed without the specific consent o[ the developer. 2. No curb, drainage structure, water lines, sewer Ilne, seawall ur porlfon of any atrcet shall be removed or altered fo~• any purpose without the apecltic consent of this developer. 3. Owners of respective lots shall be directly tlnanclally responsible to the developer for damage to the foregoing im- provements resulting from the actions of employees of said owners or independent contractors furnishing labor or materials to or for said owner!. 4. No structure shall be erected, placed or pet~nltted, and no alteratfona shall be made or permitted on the property which shall In any way hinder Ne surface or subsurface drainage of the property. / A - 8 ^" ~. 5' No building, structure or floe, Including but not limited to residence, era e, mass planting and barbecue grill constructed, erected or permitted upon theg roppart athouae, dock, wall, tenec•. therefor have first been approve developer or lta deajgnated authority. Thepaald pia and specltl atlonacahalliobc submitted by the owner to rho developer In duplicate, one of which shall be returned to the owner when approved or re- )ected, and the other retained by the developper. Approval by the developer of said plena and speclticatlons shell not be deemed ti to be a waiver of these rutrlcUons. Ths developer hereby reserves the right to disapprove plane and speclticatlons solely on the bash of aesthetics. 8. By taking title sub)ect to these restrictions, purchasers from the developer and the successors In title to such purchaser developer Inothledvlctn-ty otethe property,llind the satdrpu~cheaedland their wcceseors lnetltleodo, byt aking title aublecttto these restrlctlona, waive claims for damage which might result from fumes or gases resulting from dredging operations, and do waive ob)ectlons to the zoning of the other lands, of the developer by the Clty o[ Clearwater according to the desires of the developer. No bullding shell be erected upon the property using any paint or other materials which will become discolored or damaged by the fumes or gases which might result from dredging operatlona. 7. No noxious or oftenslve trade or acUv-ty shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 8. No animals, Uveatock, birds or poultry of any kind shall be raised, bred or kept on any lot, except that not more than three (S) dogs, cafe and other household pets may be kept, provided that they are not kept, bred or malntalned for any com- mercial purposes. B. No sign or flags of any kind shall be displayed to the public view on any lot or building except (1) a sign of not more than two (2) square feet advat•tlsing the property for sale or rent, or (2) signs not to exceed flue (S) square feet used by a builder to advertise the property during the construction sad rates perlal, ;~10.g(,No vehicle shall. be reQttlarly-parked-on=any-part=ot-thls._property exceppt dn-paved~streeta-and-paved drlve~~o traile`rs~3or commecclal" vehicles,-other_than._those~present_on.bualnea, m_ay be parked In the subdivision.-~-~' 11. No`traller~ahall be place'd`upon~the`property~ 11 be placed upon the property more than thirty_(30) d y . 12~NO structure shall be erected`or~tnoved-upon any part of the pretnlsea herein described, nor shell nay change or modl- flcatlon be made !n the exterior of any such structure unless the exterior plane and speclticatlons titereot or such proposed ..-- modlflcatlons showing the nature, kind, shape, height and location thereof, shall have been submitted to, and In writing approved by the developer or 14 duly deslgaated euthorlty. 13. No home constructed upon any of the atorementloned property shall be used as a model home unless the Developer has granted written permlaaton upon specific request for each lot for such use and such permlalon may limit the time o[ such use, the size snd number of advertising signs. 14. The area between the sidewalk and the curb on these lots shall not recepeive such treatment as to be acceaalvely difficult asphalt,naolJdtcon reteeaurfeceaeand arge plants orspllantings whl hlmay De~dltllculttto removeaand =aset.sEx¢eptjonsntothili shell be the drive ^pproach which shall be concrete (see Paragraph D). 1S. North Say Company, • Florida corporation, Is hereby deslgaated as "the developer" for We uses and purposes of these restrlctlona. 18. The developer shall have the right and euthorlty to approve exceptloru or varlatlom from these restrlctlom without notice or llablUty to the owners of other lots or any persona or euthorlty whatsoever. ' 17. Should more than one lot, as shown on the plat of the subdivlalon, be used as a single bullding site, these restrlctlona shall apply as though the enllrc bullding alts were one lot. 18. These covenants snd restrictions are real covenants and restrlctlons and are to run with the land, and shell be bindtng on ell parties end owners, and on ell parties claiming under them, for a period of twenty-Lve (28) yews from the date these covenants and restrlctlona are recorded, after which time said covenanb an4 restrlctlons shall .be automatically extended !or auccessl:•c per~•~da of ten I10) 3•enrs eac!t, unleai prior to the crnnmenr~m~nt of soy 1!7•yrar p_:Icd, ar 1_hstn::n:nt !r. ~;r1Uc~ signed by a malorlty of the owners of iota, has been recorded In the Public Records of Pinellas County, Florida, whle6 sold lnatrument shalll agree to change, alter or rescind said covenants and restrlctlons'!n whole or In part. 19. II any person, !!rm or corporation, or their heirs, successors or assigns, shall violate or attempt to violate any of these restrlctlona before their expiration, it shall be lawful for any other person ar persona owning any part or parcel of any above described land to prosecute any proceeding at law or In equity against the person violating or attempting to violate any such covenant or reatrlcUona and either to prevent him or titem from so doing or to recover damages or outer dues for ouch violation. 20. Invelldatlon of any one of these eovenan4 by lodgment or court order shall.Ia no wise-affect=en of the-other vlalons,..whlch.shall remain in full torte'and effect: - - -° Y= pro- - ~ ---_- - --- - -- l- i :-~ ~y~oo ,~ RESTRICTi~ ISLAND ESTATES OF CLEARWAT~JITS 6D, 7A, 7C KNOW ALI. MEN BY THESE PRESENTS, Thal the undersigned corporation, being the owner In tee simple of all of ISLAND ESTATES OF CLEARWATER, UNIT SIX D, SEVEN A, and SEVEN C, occording to the map or plat thereof recorded In Plat Book 89, Page 1 and 2, Public Records of Pinellas County, Florida, does hereby declare that all of said subdivision Is subject to the following rcalricllona: These reslrictlons and limitallons shall be covenants running with the land, regardless of whether of not they arc speclfl- cslly mentioned In any deeds of conveyance subsequently executed. A. BUILDINOS. 1. All of the above property shall be known and described as residential property end no structure shall be erected on any parcel of the same other than one detached single family dwelling, and one ottached private garage of the same archi- tecture and general design as the residence, Loth to be constructed of new tnaterlals• 2. No outbuildings of any nature may be erected on t?,e property and no garage or other structure shall be erected on the properly prior to the erection oI the residence. ~No trailer, baaoment, tent, shack, garage, barn or other outbuilding shell at any time be used as a residence, temp- orarily or"permanently; norahall-any-rcaldencc o(a temporary charactor be permitted. No structure of any kind shall be moved onto-any-part!rtt~'the~aboye_deacrlbed property 4. No residence shell be erected upon Bald property, which residence has less than 1,600 square feet oI floor area on the ground floor, said ground floor measurement to be exclusive of porches, patios, breezeways, garage and other areas ~ehich are elth0r open or enclosed solely by screens. For lhr. purpose of mcasw•ement to determine compliance with this restriction. outside wall dimensions may be used. No garage steelier than atwo-car garage tnoy be erected on the properly. ' S. No houses shall be ao designed or wood trim so used that It is•allowed purposefully or otherwise, to show a ~.•eathcred look to the exterior. 8. All concrete block houses and/or walls shall have a minimum of ~" stucco finish unless decaratlve block Is used for decorative purposes. ., _. 7. Ail roof coverings shall be concrete file or built up roof with marble chip or equivalent. B. LOTS AND LOCATIONS OF BUILDINGS. L No residence shell be constructed on any lot or parcel having leas then 9,000 square feet, unless ao platted. 2: No building shall be erected nearer then twenty-five legit (23') to ony street lot Tine or to any waterfront lot Ilnc except Lot 89, BD; Lols 1, I1, 12, 07, TA; Lots !, 03, 7C which shall hove a twenty foot (20') waterfront setback. No builcling or part thereof shall be erected nearer than seven and half feel (T.5') to any aide lal line or Inlerlor lot line except a front wing wall which shell not be erected nearer than four feet (4') to any side lot line unless there is a gate (not to be Icss than two feel grid eight Inches (2' 8") In width), then fife wing wall may go up to the side lot Ilne. No roof overhang or cave may be closer than five feet (5') to any side lot line or Inlerlor lot line. C. FENCES, WALLS, OTHER STRUCTURES AND OBSTRUCTIONS. 1. No fence or wall shall be constructed or permitted wllhout the permission of lha developer, together with the written permission of the adjoining property owner. 2. No clothes drying poles or lines shall be erected or used on the property in such a manner that said poles, lines or clothing thereon shall be visible from the street, water or adjacent lots. 3. All garbage or trash containers, oil :anka, bottle gas tanks, soft water tanks, air conditlonera or other motors, com- pressors, equipment, machinery end similar atraatarea ar InalF.'Jn:!a-, aaai be ;.laceC ao that they abet: nos ~e visible from the street, water or adjacent prcperty.. D. WALKS AND DRIVEWAYS. All walks and driveways shall be constructed of concrete from the curb to lot Ilne attd the remainder shall be paved continuously of concrete or five incites (S") of compacted oyster shell with double surface treatment or equal. No strip or ribbon driveways shell be conatrucled or permitted. Plana and speclficallona for walks and driveways shall be subject to the approval of the developer and shell be aubmlltud to the developer together with the plans for any proposal t•cstdencc. Drive- way between the existing curb and the front lot line. The driveway and/or drive approach on Lots 88 do 70, 8D shell be on fife south half of the property. E. '.-DOCKS.. . 1. Any dock, boathouse, building or structure over the water adjoining the property aheU be conatrucled of 22-pound pressure-creosoted piling and celcure decking or better. 2. Boathouse shat! mean roof only, no aides, root shell be a bull! up roof, shall be rooted with 80 lb. felt roofing topped with gravel or other material compllmenting the root of the residence. 3. No dock shall extend more than thirty feet (30') from the seawall. No tie-off piling may extend a distance of morn than forty feet (40') from the seawall. However, at the discretion oL the developer, the dimensions may be extended to forty feet (40') and fifty feet (SO') respectively, If necessary for adequate welor depth. 4. No dock shall be placed so as to hinder navlgatlon in the waterways between the tats `~~ S. No dock or tie-off piling shalt be conatrucled within twelve feet (12') of the rojectlon of an side or Intet•lor lot Iin 8. No boat may be so anchored or moored as to interfere with navlgatlon. ~- ~~I. A davit on the side of the dock shall count as ten teat (10') of dock when placing the dock for construction. F. SIDEWALKS. There shall be constructed In accordance with Plans filed with the office of the City Engineer and the developer, side- .valks In the right-o[-way on the street side(s) of every lot in this development. A 4-foot wide sidewalk shall be constructcrt with the street side of the sidewalk flue feet (S') oft of the rlgl:t-of-way line. Seld sidewalk shall be conatrucled of 3000 Ib P.S.I. concrete, formed end poured four Inches (4") thlek, except at driveways or vehicle crossing zones where the thlcknuss shall be six inches (6"), reinforced with 0 x 8 ten (10) gauge wire mesh. Sidewalk conalt•uctlon shall be to Ilnca and grades In accordance with apeciticatlons approved by the developer. Plot or alts plans, when submitted to the developet• for architcc- lural epprovnl, shall show sidewalks. Sidewalks shall be constructed almullaneously with the driveway and no Awclling or building shall be occupied before the sidewalks are completed. When the right-ot-way available narrows down the sidewalk shall occupy all of the right-ot-way bohind the curb. G. GENERAL. 1. No grade or clevetlon of any portion of any lot may be changed wllhout the specific consent of the developer. 2. No curb, drainage structure, water Ilnes, sewer Ilne, seawall or portion of any street shall be removed or altered fo~• any purpose without the specific consent of the developer. 3. Owners of respective lots shall be directly flnanclally responsible to the .developer for damage to the foregoing im- provements resulting from the actions of employees of said owners or Independent contractors furnishing labor or materials to or for said owners. 4. No etruelure shall be erected, placed or permitted, and tto eitcratlons shall be made or permitted on the property which shell In any way hinder the surface or subsurface dtalnage o1 ttte properly. ~,r ` 5. No building, struct~slallatlon, Including but not llmileci to residence, ga tfo. bonllrouar, dock, wall, [once, o V ' , riioss planting and barbecue hall be cuiulruct,:rl, erected or penniUcd utron the pi~until tho plena and specificuliuna therefor have first Leon oppro ed by the developer or Ito dealgnated authority. The su d plans and specifications sholl br submitted by llte owner to the developer in dupllcatc, ono of wtilch shall be returned to the owner when approved or re- )acted, and the other retained by the developer. Approval by the developer of said plans and apeclflcatlona shall not be r!r:emed to be ^ waiver of lhcae reatrlctlons. The developer hereby roacrvea the right to disapprove piano and apeclfications solel~• on the baala of aesthetles. . fl. Hy takln`` title aub)ect to these reaG•Icttona, purchasers from the developer and the successors in title to such purchases hereby acknowledgo that the developer will contlnur dredging, lllling and construction operetlons on the outer lands of the developer In the vicinity of the property, and tho sold purrhascra and thole auccesaora in titlo do, Dyy laking title sub)ect to these rectrletlona, wolvo clalrns for damage which might result frortr tumea or gases resulting from r1i•edg-ng operations, and do waive ob)ectlons to the zoning of the other lands, ppot the developer Dy the Clty of Clearwater according to the drslrea of oredamagedrby the fulmes or gases wht h might roaultrfromydredging oprrallona, other materlala which will become dlarulorecl T. No noxious or oflenalve trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to llte neighborhood. 8. No animals,llveslock, birds or poultry of any kind shall be rnfsed, bred or kept on any lot, except that not more than three (3) doge, cats and other household pets may be kept, provided that they are not icrpt, bred or maintained for any com- mercial purpoaea. 9. No sign or flags of any kind shall be displayed to the public view on any lot or bullding except (1) a sign of not more than two (2) square feet advertising the property for sale or rent, or (2) algns not to exceed Live (S) square fret used by a builder to advcrtlae the property during the construction and aalea period. ~~'No vehicle shall.be regularly-parked_on any part of lhle property exce t on ~traller>t oc-commerclal^'vetilclea; other than those P paved'atreets and paved ddvewayalIJo z, present on builneaa, may be parked In the a_ubdlvlsion.~` ------ It.~No trailer shall ba laced u on lho~ ro ort`. No boat shall bu placed upoh file ro art P P P P y _ _ _ p P Y'snore titan lhlrty (30) days. ~12r-'No structure shall be ereclod or movod upon any part of tho prumlaui herein described, nor shall any change or modl. _ flcailon be made In the axterlor of any such alructura unluss.lhe rxloNor plena and speclllcatlons thereof°or ouch"proposed modlllcallona showing the nature, kind, ahapo, hclght and location tharool, ahail hnvu bean submitted lu, and In writing approved by the doveloper or its duly dealgnated authority. 13. No home constructed upon any of the aforementioned property shell be used as a moelel home unless the Developer has granted written permission upon speclflc reyucst for each lot for ouch use and such permission may limit the time of ouch use, the size end number o[ advertising signs. 19. The area between the aldewalk and the curb on these lots shell not receive such treatment as to be accesslvely dlfllcult asphalt nsolldtconcreleesurlaceseand large pltanils orapllantings whichimay be dl(ticultttoeremove and reset. aExceptlonsntoethln shall be the drive approach which shall be concrete (see Paragraph D). 13. North Bay Company, a Florida corporation, Is hereby dealgnated as "the developer" for the uses and purposes of these 'restrictlona. ltl. The developer shall have the right and authority to approve exceptlona or varlatlona from these restrictlona without notice or llablllty to the owners of other lots or any persons or authority w-cataoever. IT. Should more than one lot, as shown on the plat of the aubdivlslon, be used as a aingle bullding site, these restrictlona shat: a;.~ly a; thc::oh the entire bu!!dl«e s:tc were ono lot. 18. These covenants and reatrlctlons are real covenants and restrictlona and are to run with the land, and shall be binding on all partlrs end owners, and on all partlea claiming under them, for a period of twenty-flue (23) years from the date these covenants and reatrlctlons era recorded, attar which time aald covenants and reatrlctlons shall be automatically rxtended for succesalve prrioda of ten (10) years each, unlcaa prior to the cotnmencainrnt of any 10-year period, an lnals•ument !n wr-ting, signed by a ma)orlty of the owners of lots, has been recorded !n the Public Records of Plncllaa County, Florida, which Bald lnatrument shall agree to change, alter or rasclnd sold eovenanta and reatrlctlons !n whole or In pat•t. 10. If any person, [Irm or corporation, or their heirs, successors or assigns, ahull vlolata or attempt to violate any of these restricllons before their explrallon, It shall be lawful for any outer person or persons owning any part or parcel of any above described land to prosecute any proceeding at law or In equity agalnsl the person violating or ollempting to ululate any such covenant or restrlcllona end either to prevent him or them from so doing or to recovor damages or other dues for such violation. vls ons, which shall remain in fulitforcecend etlecty )udgritent or court order shall In no wlae effect any of the other pro- - , M... • ~~~ ~~ .: ~, .~- . ~p~~~~ri~ - ~ls~~xnd ~attt~~~ pf (~lpttr~rr, 3~n{f (®ne ._____ KNAW ALI. MEN HY TIiESE PRESENTS, That th• underalgned corporation, befog the owner In tea simple of nil of !BLAND ESTATES OF CLEARWATEk, UNIT UNE, according to the map or plat thereof recorded in Plat Book ~-~ , Paget G ~ ~ L 3 Public Records of Plnalles County, Florida, does hereby declare that all of aafd subdlvlalon la . I aubJect to the tollowing reatrlctlona: These reelrlcllona end Ilmitatlons shall be covenants running with-the land, regardless of whether or not they are specltlcaily mentluned In any deeds of conveyance subaeyuently executed. A. BUl1.DINC3. 1. All of the above property shall be knoH•n and described es resl,lenllal property and no structure shall be erected on any parcel of the same other lhuu un~ detached, single family Awrlling and ouo prlvete garage oI lha same nrchl- lecture end general design ea the realdcuce, bvlh lp be constructed of new materials. 2. No outbuliding of any nature, except a garage, may be erected nn the prolerty and no garage or other structure shell be erected on the property prior to U,e ereutlon of the residence. 3. No troller, basement, Lent, shook, garage, barn or aliter outbuliding shall al any lime bo used as a residence, tem- yyoratlly or permanently, nor shall any residence of a tempardry eherachrr be pern)Ilied, No slruotun of any kind shall ba moved onto any part of the above Aeserlbud properly. 4. No residence shall be erected upon llte properly, which residence has less Than 1,400 syltere feet of floor area on the ground floor, exclusive of porches, patios, breezeways, garage and other areas which are either open or enclosed solely by screens. For the purpose of measurement for compliance with this reslrlellorr, outside wall dlmenslons may be used. B. LOTS AND LOCATIONS OF BUILDINGS. t. Nn residence shell be constructed nn any lot or plot having less then 8,500 syuere feet. 2. No bullding shall be erected nearer than twenty-(Iva feet 125') to any street Iol Ilnr or any waterfront lot Ilne. No bullding or part thereof shall be erecleA neorer than seven and a half feel 17.8') to any side lot Ilne or Interlur lot Ilne. C. FENCES, WALLS, CLOTHES POLES AND LINES. \ 1. No fence or wall shall be conalructed or permllled nearer to ^ny lot Ilse than the bullding setback tines set out In paragraph B-2 herelnbefore. 2. No clothes drying poles or Imes shall be erected or used on the property In such a manner that sold pale;, lines or clothing thereon shall be~(.lalhle from the street, water or edJacenl lots. j 3. No fence, wall, tree, hedge', at)rub, or any obatructlon of any t)ature which obstructs the view above two feel (2') or below seven feet (7') above the edJacenl roadways, shall be placed oe prrnrlllad to remain ore any corner lot nearer to either street then the reapecllve bullding setback line. D. WALKS AND DAIVEWAYH All wslks end driveways shall he constructed of concrete from the curb to the lot Ilne and the remainder shell be paved continuously o[ concrete or Ilve Inf:hrs 15") o[ compacted oyster shell wits, double surface treatment or equal. No alrlp or ribbon driveways shell be conalructed or permllled. Plena end apecltlcatlons for walks and driveways shall hr sub• Jtct to the approval of the devsluper and shall bo submitted to the developer together with the plane for any proposed residence. E. DOCKS AND HOATS. 1. Any dock, boathouse, bullding or structure aver the water adJulning the 1roperty shall be constructed of 22-pound, pressure-creosoted lrlling end celicured deckln); nr better. 2. No dock shall extend more lhnn thirty feel 130') from the seawall except fur ,the tie-off plling which may be a maximum dlatence of forty feet l90') from the seavrnll. 3. No dock shall be placed so na to hlndrr navltintlon, partlcuiarly as to the poaaagea between the Islands. 9. No dock or tie-oft plling shall be wlthln 1'! feat (12'I of the pn,Jectlon of any side or lnlerlor lot Ilne. ~ ,. S. No boat may be so anchored nr moored as to Interfere wllh nnvlgntlon between the lalenda. GENERAL 1. No ¢rade or elevetlon of any portion bf any lot msy be changed without thn e1)nclfic consent of the developer. 2. All garbage or fresh conlalnera, all tanks, bottle gas tanks, tuft water Lanka end slrnllar structures or Inatella- Mona, shall be placed under the surface of ll)e ground or placed in welled-Ire areas ao drat Choy shell not be vlalble from llte street, water or edJacenl property. 3. No curb, dralnege structure, water Ilnea, sewer Ilne, seawall or portion of any street shall be removed or altered for any purpose without the apecllle consent ut the developer. 4. Owners of reapectlve Iota shall be directly financlolly responsible to the Aeveluper for damage to the loregoln¢ Im- provements resulting from the actlona o! employees of aafd owners or Independent contractors furnishing Inbor or materiels to or for aafd owner. No structure shall be erected, placed or permllled, and no alleratlons shall he made or permllled on the property which shall In any way hinder the aurtarc or sub•surlnce dralnege of the properly. S. No bullding, structure or Inslalletlun, Includln¢ but nnl Iln)Iled to residence, garage, lretlo, boathouse, dock, wall, fence, mesa plenting and barbecue grill, stroll be constructed, erected, placed or perrnlttcA upon the property until the plans and speclllentloru therefor have fleet been sppraved by the developer or Its Aealgnated eullrorlty. The aafd plena end apecltlcatlons shall be aubnrltted by the owner to Ehe developer In duplicate, one of wl)Ich shall be returned to the owner wheA approved or rejected, and lire other relulned by the developer. Approval by flee developer oI aafd plane end apecltlcatlons shall not be deemed to be a waiver of these reslrlctiuns. The devsluper hereby reserves the right to dlaapprove plena end apecltlcatlons solely on the basis of aestl)ellca. 8. Hy taking title aubJect to these rc-strlctluna, purchaser from the developer end the successors In title to ouch pur- chasera hereby acknowledge that the developer will conllnun dredging, filling and em)slrucllnn operations on the other Innda of the developer In the vtclnlty of the property, and the sold purchaaera unA their successors 1n title do, by taking tllle aubJect to these reatrlctlona, waive clelrne fur Aamages which mlghl result from furors ur gases resulting from dredging operations, and do wslve oblectlona Io the zoning of the other lands of the developer by the Clty of Cienrweter according to the dealrea of the developer. Nn bullding ahnll he erected upon the property using any paint or other materials which will become discolored or damrged by the fmnes or gases which rnlght result [rout dred¢Ing opernllona. ~• 7. No noxious or of[enalve trade or ncllvlly ahntt be carried ort upon nny tut, nor shall arlythln¢ be done thereon .. }• • w¢Ich may be or become •n annoyance or nulaence to the nelgtrborhood. • J;,,Kb •nlmels, livestock or poultry of any Irlnd shall be ralaed, Arad or kept on nny lot, except that not more than ~hrs} i1: d pu' ua ;and sther Household pets may be kept, pravlded :hat they are nut kef)t, bred or malntalned for any Cgtrtmsrelal p 9. No al¢n of any kind ahnll be dlsplayeA to the lrubllc view on any lot or bulidin¢ axrel,t (1) a sign of not more than ' flue /5) square feet advertlsing the property for sate or rent, or ('l) signs used by a builder to advertise the property •: during the conatructlon utd salsa perluA. t 10. No structure shell be erected or moved upon any part of the premises herein described, nor shall any change or modltlcatlon be made In the exlerlor of nny such structure unless the exterior plans and apecltlcatlons thereof or of such propoied modlllcalluna ehowing the nature, khtd, shops, height and Incallun Thereof, shell hove been submltfrd to, end In writing approved by'1he developer or Its duly desi¢nated euurorny, 31. North Bay Company, a Florida corporellun, is hereby designated us "the devsluper" [or the uses and purposes of the;e reatrlctlona. l2. The developer shall have the right and eulhurity to approve cxreptlons nr varlatinns from these reatrlctlona wlthnut hotlca or Ileblllty to the owners of other lol.a or any persons or euU~orily whatsoever. 13. Should more than one lot, as shown on the plat of the s)rbdlvlclun, be used as a single bullding alts, these restrlc- tlons shall apply es though the en lire bullding alts were one lot. l9. These covenants and reatrlctlona are real covenenta an,t restrletlrrns and ere to run with flee land, end shall ba binding on n11 partlea end owtiera, and nn all paellas clnlming under them, lnr a perlua of twenty-five (25) years from the dale these covenants and resu~letlone are recorded, after which Ilene salA cavenunts and reatrlctlona ^hall be auto- matically extended for euccexslve porlods of tun t 101 yearn each, anleea prlnr to the commencement of any 10-year porloA, an Inalrument In wrlting, slgneA by u nruJurlly of the ownnn of lids, has brae recorded In the Public Records of Phualns County, Florida, which aeW Ile+trurnenl shall agree to change, alter or rescind sold covenenta and reatrlctlona In whole or In pert. , ~ 15. If.any peroon, firm or corporullon,-or lhclr helm, successors or aaslgna, ahnll ululate or attempt to vlolale'eny of -? these iesfrlrllons before lhelr explrallun, It ahnll be lawful for any other person or parsers owning 'any pert or parcel .rot. any above described larW to prosecute any prouoeding et law nr In eqully against illy parson or persona vlolating or - attempting to ululate-any such cavennnt ur rualricllons and clther.lo pruvnut him on them train ^o duhr¢ or to recover detnages or other dues for such vlulallon. • 18.. /nvelLletlon of enY one of these envrnnnly by hulument or' ctirirt rider shall In na `Wlae eltee) wnv „r n.. ..fr,.. /`f.5~ ~P8#xiC ~ ri~ - .~~lttnd ~Ettitttea a~f f~lrttr r, ~n~# 3lwu KNOW •ALL MEN SY PRESENTS, That the undersigned corporation, belowner in fee simple of all oI ISLAND ESTATES OF CLEARWATER, UNiT TWO, according to the map or plat thereof recorded In Plat Book ~-' , pages ~Q A Public Records of Pinellas County, Florida, does hereby declare that all of aald subdlvlalon Is subJect to the following restrictions: These restrlctlons and Ilmltatlona shall be covenants running with the land, regardless of whether or not they are speciflenlly mentioned In any deeds of conveyance subsequently executed. A. BUILDINGS. 1. All of the above property shall be known end described as residentlsl properly end multiple dwelling properly end no structure shell be erected nn any parcel of the same other than those structures permitted by the Restricllons of Island L•:states of Clearwater, Unil One, as recorded In Book ,Page ,Public Records of Pinellas County, FIorIAe, and other then one tl> hotel, motel, apartment house, or other multiple dwelling, together wtih one (11 private garage of the same architecture and general Aeslgn as the main structure, both to he constructed of new materials. 2. No oulbullding of any nature, except a garage, may be erected on the property and no garage or other structure shall be erected on the property prlor_to the erection of the residence. ~3. No troller,,"basement, tent shack,, gerege,'barn or other outbuilding shall nl-any lime-be;u5ed°as a residence, rem- ~.-- •porerlly or permanently, nor shall any- residence-of-:a.aempornry ch8racter_ be_ permitted:' No structure of any kind-shall' L be moved-onto-any purl of-the above .described_property.~ - B. LOTS AND I.OCATiONS OF BUILDINGS. 1. No building shall be constructed un any lot or Itlot having less then 5,000 square feet, on the ground floor, exclusive of garages, porches and open areas. 2. No' bullding shall be erected nearer then twenty-flue feet (25'1 to any street lot line or any waterfront lot line. No bullding or part thereof shall be erected nearer than seven and a hall feet 17.5'1 to any side lot Ilne or Interior lot Tine. i C. FENCES, WALLS, CLOTHES POLES AND LINES. 1. No fence or well shell be constructed or permitted nearer to any lot Ilne than the bullding setback Ilnea set out In paragraph B-2 tierelnbetore. 2. No clothes drying poles or Ilnea shall be erected or used on the property In such n manner that said poles, Ilnes or clothing thereon shall be vlelble from the street, water or adJacenl lots. 3. No fence, wall, tree, hedge, shrub, or any obatrucllon of any nature which obstructs the view above two teat (2'1 or below seven feet (T'1 above the adlacent roadways, shall be placed or permitted to remeln on any corner lot nearer to either street than the respective bullding setback line. D. SIGNS 1. No sign shell be constructed or permitted all, or any port of which flashes on or off, revolves, changes in brllllance or manner of Illumination, or employes any moving part or purls. No Alrectlonal beam or beacon sign or light shell be con- structeA or permitted. ~-12. Every sign shall have Its base and all supports permanently attached to the mein bullding. 3. No sign shall be constructed or permilled until Ira size, Assign and location have first been approved by the De- veloper. 9. No sign shall be constructed or permilled which is more than 60 square feel in area on each face or side of said sign. 5. No sign shall be constructed or permitted el or on the exterior of any bullding [or the purpose of edvertlsing nny business conducted therein, except the rental of rooms, apartments, and other dwelling accommodations. E. DOCKS AND BOATS. 1. Any dock, boathouse, bullding or structure over the water adJolning the property shall be constructed of 22-pound, pressure-creosoted piling and cellcured decking or better. 2. Na dock shall extend more than thirty feet (30'> from the seawall except for the lie-off piling which may be a maximum distance of forty feet (40') from the seawall. 3. No duck shell be placed so es to hinder navigation, particularly as to the passages between'the Islands. 4. No dock or tie-off plling shall be within 12 feet (12') of the prolectlon _of any side or Interior lot Ilne. 5. No boat may be so anchored or moored as to Interfere with navlgatlon; between the Islands. F. GENERAL. ~1. The owner of every lot or parcel upon which a mulllple dwelling structure Is constructed shall provide adequate paved, off-street parking for not less then one (1) car for each room, apartment or multiple dwelling accommodation. 2. No buelness shell be constructed or permitted upon any lot or parcel or wlthln any premises except those Ilmi[ed business usages from time to time permitted by the zoning ordinances of the Clty o[ Clearwater, Florida. 3. No grade or elevation of any portion of any lot may be changed without the specific consent of the developer. 9. All garbage or trash contalnera, oil tanks, bottle gas funks, soft water tanks and similar structures or Installe- tlons, shall be placed under the surface of the ground or placed !n walled-In areas so that they shall not be visible from the street, water or adJacent property. 5. No curb, dralnege structure, water Ilnes, sewer line, seawall or portion of any street shall be removed or altered [or any purpose without the apeciflc consent of the developer. 6. Owners of respective Iota shell be directly financially responsible to the developer for damage to the toregaing Im• provements resulting from the actions of employees. of sold owners or Independent contractors furnlshing labor or materials to or [or said owners. No structure shall be erected, placed or permitted, end no alterations shell be made or permitted on the property which shell In any way hinder the surface or sub-surface dralnege of the property. T. No bullding, structure or Instellatlon, Including but not llmlted to residence, garage, patio, boathouse, dock; wall, fence, mesa planting end barbecue grill, shall be constructed, erected, placed or permitted upon the property unt11 the plena end specl[ICa[lons therefor have first been approved by the developer or its designated authority. The sold plans and apecltlcatlona shall be submitted by the owner to the developer In duplicate, one of which shall be returned to the owner when approved or re)ected, and the other retelned by the developer. ApProvel by the developer of sold plans and specifications shall not be deemed to be a waiver of these restrictions. The developer hereby reserves the right to disapprove plans and specifications solely on the bests of aesthetics. 8. By taking Mlle subJect to these restrlctlons, purchasers from the developer end the successors In title to such pur chasers hereby acknowledge that the developer will conllnue dredging, fllling anA construcllon operations on the other lands of the developer In the viclnlty oT the properly, and the Bald purchasers and their successors in title do, by taking tltte subJect to these restrlctlons, waive clelma for damages which might result from fumes or gases resulting from dredging operations, and do waive ohJections to the zoning of the other lends of the developer by the Clty of Clearwater according to the desires of the developer. No bullding shall be erected upon the property using nny paint or other materials which will become discolored or damaged by the turves or gases which might result from dredging operations. 9. No noxious or o[fenslve trade or artfully shell be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. ~ 30. No anlmels, Ilvestock or poultry of any kind shall be raised, bred or kept on any lot, except that not more than three (31 dogs, cats end other household pets may be kept, provided that they are not kept, bred or malntalned for any commerclel purposes. 11. No structure shell be erected or moved upon any pert of the Premises herein described, nor shall any change or modlficatlon be made In the exterior of any such structure unless the exterior plans and apeclficetlons thereof or of such proposed modlflcetiona showing the nature, kind, shape, height anA locallon thereof, shall have been submitted to, and In writing epliroved by the developer or Its duly designated authority. 12. North Bay Company, a Florida corporallon, Is 'hereby designated es "the developer" for the uses end purposes of these restrlctlons. 13. The developer shall have the rlgh[ end authority to epltrove exceptions or variations from these restrlctlons without notice or Ilablllly to the owners of other lots ar any persons or authority whatsoever. 14. Should more than one lot, as shown on the plot of the subdivision, be used as a single bullding site, these restric- tions shall apply as though the entire bullding site were one :ot. ]5. These covenants and restrlctlons ere real covenants and restrlctlons and ere to run with the_.,land,._ang_,sb.g.ll~e bindl~ on ell pg~tles,_@Pd_o,wners,_ enc{,-_oq~JJ. ,partles...clalming__under them, for_..a. perlod.._ol._twentY•Ijye~25)_ years from the date These covenants ..and .restrlctlons are recorded, after wlilclt time sold covenants. end ceatrlcllona-aftall_be'auto= matlcelly _extended.for~aucceaslve perlods.of.-lon.(10).yeare each, unless prior to the commencement of any 10-,year period,. erS'""Iriatrument In writing, signed by a maJority.. of the owners of lots, has been Yecnrded in the Public Records-of-Pinellas CoUnty,-___Florlde,..w-nich.. said Instrument shall agree to change, alter or resclnA said covenants. and..Sgat Ir ctlons In whole or In_ part: ''~" 16. If any person, firm or corporallon, or their helm,. successors or assigns, shall violate or attempt to violate .any of , these restrlctlons. before their expiration, It shall be lawful for any other person or persons owning any par( 'or parcel `" of any above described land to prosecute any proceeding at law or In eqully against the person or persons vlolating ,or'~ .. attempting to violate any such covenant ur restrlctlons anA either to I'aevent him or them from so doing or to recover, - damagea or other dues for such vloletlon. IT. Invalldetlon of any one of these covenants by Judgment or court order shall In no wise affect any of the other, . ~Rp~frtrfiiln J.~lultal i~stttir~ 1af CR rarlttutr `~iltZ Ut l~rFp 1958 =~,. , ;~;:. KNOW ALG MFN RY TIIF;SF ,SF.NTS. Thn( the nndcrsll;ncd rorpnrnllon, hcln¢ th ncr In fee simple of all of ISLAND ESTATES OE CLk;AiiWA'fElt, UNI'P TIIREE, nccordlnl; to the map nr pint Iherrot recorded In Plel Book 4T, Pages 62 and G3, Public Records of 1'Incllaa County, Florldn, does hereby declare iltnl all of said subdlvlalon Is' sub)ect to the followlntt realrlctlona? These restrlctlons and llmitntlone shall be covenants running with the land, iegerdieas of whether or not they an sp~cltlcally mentioned In any deeds oI conveyance subsequently executed. A. HUILDINCS. 1. All of the above property shall be known end described as realdentlel property end no ttructure shall be erected on any parcel of the name other than one detached, single family dwelling end one private garage of the same archl• teoturs and general design a the realdenca, both. to be constructed of new materlnL. 2, No outbullding of any nature, except a garage, may bs erected on the property and no gaeags or other sttuetura shall bs erected on the property prior to the erection of the residence. i!, No caller, basement, tent, shack, garage, barn or other outbullding shall at any time b• used as a residence, tem• pporatlly or permanently, nor shall any rssldenee of a temporary eharaoter b• permitted. No structure of any kind shall ba mound onto any part of the above described property. ~. No resldsnes shall ba erected upon the property, whleh raldence has feu than 1,1100 square feat of floor area on the ground !loot, exclusive of porches, pntlos, breszewsys, garage and other areas which are slthsr open or enclosed solely by screens. For the purpose of measurement for eompliance with this restrlctlon, outside wall dlmens ors may b• used. No garage smaller than a two•ear garage may be erected on the property. H. LOTS AND LOCATIONS OF BUILDINGS, 1. No residence shell be constructed on any lot or plot heving leas than 8,500 square feet. 2. No building shall be erected nearer then twentyflve feet (25') to °any street lot line or any waterfront lot line. No bullding or part thereof shall be erected nearer than seven end a hell feet (T.5') to any aide lot line or Interior lot line. C. FENCES, WALLS, CLOTHES POLES AND LJNES. 1. No fence or well shell be constructed or permitted nearer to say lot Ilne than the bullding setback tines set out In paragraph 8-2 herelnbefore. 2. No clothes drying poles or lines shall De erected or used on the property In such n manner that aald poles, lines or clothing thereon shall be vlalble from the street, water or edJecent lots. 3. No [once, wall, tree, hedge, shrub, or any obatructlon of any nature which obstructs the view above two feet f2') or below seven feet '(T') above the adlacent roadways, shell be placed or permitted to remeln on any corner tot nearer to either sweet than the respective bullding setback line. ' D. WALKS AND DRIVEWAYS . All walks and dr{veways shall be constructed of concrete from the curb to the lot line and the remainder shall be paved continuously of concrete or flue Inches (5") of compacted oyster shell wllh double surface treatment or equal. No ^trlp or ribbon drlvewaya shall be constructed or permitted. Plans and apeclllcntlona for walks and driveways shall be tub- Ject to the approval o! the developer and shall be subrnltted to the developer together with the plant for any proposed reel d sacs. E. DOCKS AND BOATS. 1. Any dock, boathouse, bullding or structure over the water edJolning the property shall be constructed of 22-pound, pressure-creosoted piling and cellcured decking or better. 2. No dock shall extend more than thirty feet (30') from the seawall except for the tie-off p11ing which may be a maximum distance of forty feet (90') from the seawall. 3. No dock shall be placed ao sa to hinder nnvlgatlon, pnrtlcularly as to the passages between the Islands. 4: No dick or tle•off plling shall be within ]2 feet (12') of the profcetion of any side or lnterlor lot line. S. No bu;rt may be so anchored or moored as to Interfere with navigation between the Islands. F. GENERAL. 1. No grade or elevetlon of any portion of any tot may be changed without the apecifle consent of the developer. 2. Alt garbage or trash containers, oli tanks, bottlo gna tanks, soft water tanks and similar atructurea or Inatella- tlons, shall be placed under the surface of Lhe'ground or placed in walled-In areas so that they shell not be vlalble from the street, water or ndJncent property. 3. No curb, dralnnge structure, water lines, sewer Line, aeswall or portion of any street shall be removed or altered for any purpose wllhout the apeclfic consent of the developer. 4. Owners of respective lots shall be directly linnncially responsible to the developer for damage to the foregoing Im- ptovementa reaulting from the actions of employees of said owners or Independent contractors furnishing labor or materlnla to or for said owners. No structure shall be erected, placed or permitted, and no alterations shalt be made or permuted on the property which shall !rr any way hinder the surface or sub-surface dralnnge of the property. 5. No bullding, structure or lnatalletlon, Including but not llmlled to residence, garage, petlo, boathouse, dock, wall, fence, mass planting and barbecue grill, shall be constructed, erected, placed or permuted upon the property unlll the plena end speciflcntlons therefor hove prat been approved by the developer or Its designated authority. The Bald plans and apeclllcetlona shall be aubmltted by the owner to the developer In duplicate, one of which shall be returned to the owner when approved or relected, and the other retained by the developer. Approval by the developer of anld plant and apecificatlons shell not De deemed to be a waiver of these restrlctlons. The developer hereby reserves the Hght to dlaapprova plans and speclticntlona solely on the baste of neathetics. 8. By laking title subject to these restrlctlons, purchasers from the developer and the successors In title to such pur• chasers hereby acknowledge that the developer will continue dredging, filling and construction operatlona on the other lands of the developer In the vlclnlty of the property, and the sold purchasers and their aucceasora In title do, by laking title auDJect to these reatrictlons, waive clalma for damages which might result from fumes or geese reaulting Irom dredging operntlons, and do waive obJecllona to the :oning of the other lands of the developer by the Clty o[ Clearwater scco~ding to the desire: of the developer, No bullding shell be erected upon the property using any paint or other materlnla which will become dlacolored or damaged 6y rho fumes or gases which might result from dredging opetatlona. T. No noxious ar oftenalve trade or actlvlty shall be catrled on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nulaanee to the neighborhood. g. No animals, livestock or poultry of any k(nd shall be raised, bred or kept on any lot, except that not more than three (3) doge, cats sad other household pets may bs kept, provided that they are not kept, bred or mslnta(ned for any commercial purposes. 9. No sign' of any kind shall be displayed to the public view on any lot or bullding except (1) a alga of not more than .' Live (5) square tent advertlning the property for eels or tent, or (2> signs used by a builder to advertise the property during the construction and sales period. 10. No structure shall be erected or moved upon any part of the Dremises herein described, nor shall any change or modlflcntlon be made In the exterior of any ouch structure unless the exterior plans and specltlcatlons thereof or of ouch proposed modl[Icatlona ahowing the nature, kind, shape, height and locallon thereof, shall have been aubmltted to, and In wrlting approved by the developer or hs duly designated nulhorlty. il. North Say Company, s Florida corlrorntlon, la hereby designated . ea "the developer" for the urea and purposes of there realrlctlona. 12. The developer shall have the right end nulhorlty to approve exceptlona or verlntlona Irom these restrlctlons without notice or llabillty to the owners of oUrer lots or any persons or nulhorlty whatsoever. 13. Should mote than one lot, ea shown on the pint of the aubdlvlalon, be used na a single bullding site, these restrlc- tlons shall apply as though the entire bullding site were one lot. 14. These eovennnta end reatrictlons are real covenants end restrlctlons end are to run with the lend, and shell be binding on all pnrtles and owners, and on all parllea clalming'under them, fora period of twenty•tlve l2S) Years from the date these covenants and restrlctlons are recorded, after which lima aald eovennnta and restrlctlons shall be ~uto- maticelly extended for aucccsslvo perloda of ten (10I years each, unless prior to the commencement of any 10-year period, an Instrument In wrttlnR. signed by a rnnJorlty of the owner of Iota, hna been recorded In the Public Records of Plnellaa County, Florida, which aald Instrument shall agree to change, alter or re-clnd anld covensnu and realrlctlona In whole ' or In Dsrt. j ; 16: If any peFaon, tlrm or corporntlnn, or their halm, aucceasora or asall;na, shall t'Inlnte or attempt to violate any of these tsatrlctlona before Ihelr explrallon; It shall be lawful for any other peroon or persona owning any part or parcel of any nbovo dracrlbed li,nd to prosecute any proceeding at law or In rr)ulty ngalnst the person or persona vlolaling or ' ~ atlempling to vlolntu any ouch covenant or realrlcuona and either to prevent hhn or them from so doing or to recover [, damage. or other dues for ouch vlolatlnn. ~:- 18. Irtvalldntlon nt any one of three rnvennnla by Judgment or court order shall In no wise affect any of the other 1 ~•- / ~J y ~pH~l'~t1~~Yt~ - ,~.~l~nd ~~t•~2ra ,af (IIlr~rmttter, knit ~Tnur IalOW ALL MEN E PRF3ENT3, That the tmderalgned corpontlon, bet owner In Ue dmple of all of IS[.AND ESTATES OFATER, UNIT FOt1R, according to the map of plat th~corded In Plat Hook St, Pages J9 and JJ, Publle Raco of Finalise County, florlda, does hereby declare that all o d aubdlvlalon la aubJect to the following res4lctlona: These reslrlctlona and Umltallona shall ba covenants tvnnlnj 'with the land, regardless o! whether or not they are apeclflcally mentioned In any deeds of conveyance subsequently executed, A. BUILDINGS. 1. All of the above Property shall ba known and deacrlbed as resldentlel property and no structure alinll be erected on say parcel of the same other than one detached, single family dwelling, and one attached prlvsle gersge of the some arehlteclure and genersl design as the residence, both to be conalructed of new malerlels. . 2. No outbuilding of any nature msy be ereeled on the properly and no gangs or other structure shall be erected on the property prior to the erection of the residence. 3. No trailer, basement, lent, shack, garage, barn or other outbuilding shell ~l eny time be used as • residence, tem• porarlly or permanently, nor shell any residence of a temporary chsrecter De permitted. No structure of any kind shell be moved onto any pert of the above deacrlbed property. 4. No residence shall be erected upon asld properly, which residence has less then 1,600 square feet of Moor area on the ground Moor, sold ground floor measurement to be- exclusive of porches, patios, breesewaya, gersge and other areas whlcR are either open or enclosed solely by screens. For the purpose of measurement to determine compliance with this restrletlon. outside wall dimensions may De used. No garage smaller than • two-car garage may De ereeled on the property. B. LOTS AND LOCATIONS OF BUILDINGS 1. No realdenea shall be constructed on any lot or parcel having less than 8,500 square feet. 2. No bullding shall be erected nearer than twentytlve feK f25'> to any street lot Ilne or any waterfront lot Ilne. No bullding or part thereof shall Da erected nearer than seven and a Aalf feet fT.S') to any side lot line or InteNor lot Ilne. No roof overhang or cave may be closer than five feet (5') to any side lot line or Interior lot Ilna. C. FENCES, WALLS, OTHER STRUCTURES AND OBSTRUCTIONS. 1. No fence or wall shall M conalructed or permitted nearer to any lot Ilne than the bullding setback lines set out In paragraph B•2 herelnbefore. 2. No clothes drying poles or Ilnet shall Da erecbd or used en the property to such • manner that old poles, Ilnea or clothing thereon shall b• visible from lM ftreet, water or adJacent Iola 1. No (coca, wall, tree, hedge, shrub, or any obstruction of any nature which obalrueu the view above two feet f2') or below seven feet fT') above the grade at the center of adjacent roads, ah-Il be placed or permitted to remain on any corner lot nearer to either street than the rnpeetlve bullding setback line. 4. All gubage or'trash ebntalnen, oil links, bottle gas tanks, soft water tanks, air condltlonen or other moron, com- pressors, equipment, machinery and similar structures of Installallons, shall be placed under the furfaee of the ground or placed In walled•In areas ao that they shat! not be visible from the alreet, water, or adjacent property. D. WALXS AND DRIVEWAYS All walks and driveways shall be eonatrucled of concrete from the curb to the lot Ilne end the remainder shell be paved continuously of concrete or live Inches l5") of tompseted oyster shell with double surface treatment or equsl. No strip or ribbon drlvewsya shell be eonatrucled or permitted. Plans and apaciflcallom for wslka anA drlvowoys shall be suhJeet to the approval of the developer and shall De submitted to the developer together with the plans for any proltnseA residence. Driveway spproaehea shell be constructed of 25000 concrete. Driveway approaches shall be defined as that portlon•of any driveway between lha existing curb and the front tat line.. E. DOCKS AND BOATS. 1. Any dock, boathouse, bullding or structure over the water adjoining the property shall be construcleA o[ ?^•pound presture•creoaoted plling and Celcure decking or batter. ' 2. No dock shall extend more than thirty feet (30') from the seawall. No Ile-oft plling may extend a distance of more then forty feet f41Y1 from lha seswall. 1. No dock shall be placedso as to hinder nevlgatlon, psrllculerly In the publle weierwsys between the IslanAa. 4. No dock or lle•off plling shall be constructed within twelve feet t12') of the proJecllon of any side or Inleriur lot line. S. No boat may be ao anchored or moored a to Interfere wllA nevlgstlon. F. CENERA4 ~ - 1. No grade or elevation of any porllon of any lot may ba changed•wllhout the'speclflc consent of the developer. 2. No curb, dnlnege structure, water Ilnes, sewer Ilns, seawall or porllon of any alreet shell be removed or alteren for any purpose without the speclllc consent of the developer. 3. Owner of respective Iota shall ba directly tlnnnclally reaponslble to the developer tar dsmege to the foreRning Improvemenla resulllnC from the actions of employees of old owners or Independent contractors furnishing Inhor nr materials to or for geld owners. No suucture shell be erected, placed or permuted, and no alterations shall be made or perm(ned on the properly which shall In any way hlndec the surface or aub•aurfsce drainage of the properly. 4. No bullding, slruclur or Inalallatlon, Including Dut not limited to realdenee, gauge, patio, boa thouae, flock, wall, fence, mau planting and barbecue grill, shell be conalructed, erected, placeA or permitted upon the property until the plum end specl[Icetlons therefor have /l rst been approved by the developer or Its dealgnated sulhorlty. The sold pions end sperifl- collons shall be suhmllled by the owner to the developer In duplicate, one of whleR shell De returner) to the owner when approved or rejected, and the other calcined by the developer. Approval by the develuper of sn1A pions anA specifics lions shall not be deemeA to he o wnlvor of Ihcsu reslrlctlona. The developer hereby reserves the right to disapprove plans and specl0uatlons solely on the haste of serihellca. ' 5. By taking Mlle xuhJecl In these. rest rlcllnns, purchpen from lho developer nnA lht• xuccrwxnrx In 1H1~: ur .au•h pur• chosen hereby ocknuwludl;u that the develuper will continuo Arud Cing, filling unrl cunxtructlnn operniiunx un our ouu•r I:,nda of the developer In the vlclnltY of the properly, and the salA purchaser oml Ibulr sucerxsun In title du. Icy tnkinl; tsar suhJrct to these restrlctlons, waive claims for damages which mlCht result from lunx•s or );seas resulting Ram nn:dcinq npentlona, end do waive obJecllons lu the zoning of the other lends of the developer by the Clly of Clennv;urr nceurrlini; In the desires n( the develuper. No Ruilding shall be aractad upon the property uslnC any palm nr other materiels ~rhieh will hecome discoloreA nr Aamagerl by the fumes or gases which might result Iron( AreAlllnC olruratlons. 6. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything he Aonc therrun •.vlurh may he nr become an onnol•ance or nuisance to the neighborhood, 7. No animals, Ilvestock or poultry of any kind shell De raised, bred or kept un any Int, nxcept that not mnr~ clean three f1) dogs, cols and other household pets msy De kept, provided that they are not kept, bred or malnlnincrl f.~r any _ommerclel purposes v. No sign of any kind shall be displayed to the publle view on any lot or bullding excenl one tit siDn ~•t nr,t :rr,.re :ran flue f5) square feel oAvertlxing the property for sale or rent, or two f2) signs uscA by the Duilrler, ..f :rr,t -:,,rr. then flve~151 syuere feet, ndvertlsing the property during the conatructlon and sales pcrlnA. •). No structure shall ha erected or moved upon any part of the premises herein desurlbaA, nor shall any :h;tnu~• ,r modlflcallon be mode to the exterior of any such structure unless the exterlur plem and speclficntlons thereof xhnwinc the nature, kind, shape, height and location thereof, shell hsve bean submitted to, and In wriUnC ayproveA by, rhr devvloper nr tts duly designated sulhorlty. ._.. : ~_ CEO:.The properly'ahall lie-completely landscsped shy ,the owner. promplly;.upon coast ruction ref. a.resldence-therc:•n nml~ the oanershall thereafter`'keep"'and'..malploln _all grass;.ahruba and landscaping In an-atlrnctlve "conAition:'y t. - .`North'Bay"Company, a Florida corpontlon, U hereby dealgnated as "the-developer" far [ha uses e'nd ~ purposes of these rertrletlons =. The Aeveloper shall have tM riCht end sulhorlty to approve exceptions nr varlatlona Irom these :estrlcllons without notice or Ilabllily to the owners of other Iota or any persona or authority whatsoever. ?. Should more than one lot, as shown on the plat of tits lubdlvlllon, Ds used as a single bulldinl; site, these rest: lctlons :hall apply as though the entire bullding alto were one IoL 14. These covenants and restrlctlons are real covensntt and reatrletlons, and ere to run with the land, and shall he hinrting ,n all yerlles end owners, end on all parties claiming under them, for a period of twenty-rive 1251 years from the Aetu these r~.~rnnnts and reatrletlons are recorded, after which time old covenants and restrlctlons shall be autometlcolly extended ':,r xuecesslve periods of ten f10) years each, unless prior to the commencement nl any 10•year period, an instrument in wriUnf:, signed by a malorlty o! the owner of Iola, hna been rocorAed In the Public Records of Pinellas County, Florida. which said Instrument shell agree to ~chonge, oiler or rescind said euvenants and rextrlclinns In whole nr in part. I5. If any pennn, firm or corporogon, or their heirs, auccesaon or uslgna, shall viulatu nr attempt to viulaie any M these restrlctlons before their explrallon, Il shall be lawful for any other person or perxnns owninC any pan nr ;rarccl ,i( any above deacrlbed land to prosecute eny proceeding et Inca or In equity against the person nr parson: vlolatinq nr nn umpt~ Inl; to violate any such covenant or reatr:cllons and either to prevent him or them from so dolor; or to recover dnmo,; es ..r uthcr Auea for such viola Lion. . I8. JnvallQallon of any oitc of these covenants by~ Judgment or court order shall In no wise affect any nl lieu other rorblons, wRleh shall amain In lull force and elfecl. ~--.. .,,. ~ RESTRICTIO~••• ISLAND ESTATES OF CLEARWAT~INIT SIX A ~•9G~ KNOW ALL MEN BY THESE PRESENTS, Thnt the undersigned corporallon, being the owner In lee simple of all of ISLAND ESTATES OF CLEARWATER, UNIT SIX A, according to the mop or plat thereof recorded In plat Book 80. Page 90, Public Records of Pinellas County, Florldo, dues hereby declare that all of sold subdlvlslon is subject to the Ibllowing reslrict- tlons: Exc~ apt Lota !, 2_ 9, 1T, 1g, 60, 6l, do 52. These reslr(cllons and Ilmltatlons shall be covenants running with lho land, regardless of whether or not they are apec- Illcelly menlloned In any deeds of conveyance aubaequently executed. A. BUILDINGS, 1. Ail of the above property skull be known and described os residential property and no structure shall be erected on any parcel of the same olhar than one detached, aingle lamlly dwclling, and one altoched private garage of the same archl- teclure and general design es the residence, both to be constructed of new molerlala. . 2. No outbullding o! any nature may be erected on the properly and no garage or other structure shall ;,c erected on the properly prior to the erection of the residence. 3:`Nujtralluq basement, tent, shack, ggaroge, born or other nutbullding shall at any Ihne be used as a residence, tempor_ arlly ur pemanentiy, nor shell any resldonco of a temporary character be permitted. No structure of any kind shall be moved 'fohlu any_fpdrt oI the above described property. ~, 1. No residence shall be erected uparr said properly, which resldencc Iras. less than 1,400 square feel of floor area on the gtound floor, sold ground floor measurement to be exclusive of porches, pallos, breezeways, garage and othor areas which are either upon or enclosed solely by screens. For the purpose of measurement to determine compliance with lhls restrlctlon, outside wall dimensions may be used. No ¢o raga smaller thane two-cur garage may be erected on the properly. B. LOTS AND LOCATIONS OF HUILDINGS. ` I. No residence shall be constructed un any lot or porccl hog. ing less than T,500 square feet. Y. Nu building shall be erected nearer than hvenly_five feel~(25')~lu any street lot Ilne ur twenty tee (20;)yl`o;~any walcr'fiun~lotellsne. Nu bullding or part thereof shall be erected nc.m•er~lhun seven and o halt feet (-7.S ),to any side -lot line or Inlc.rliir''•lul Ih a No rout uverhan.q or cave may be closer than the tcet'(S;)?to any aide lot line dranterlor lul line. i- ~ C. FENCES, WAI.I.S, OTHER 3TRUCTURE3 AND OBSTRUCTIONS. 1. No fence or well shall be cunslruc4•ci or permitted nearw• to n,ty tut line than the building setback Ilnes set out In pnra- 6raph B_2 hereinbefm•e, without the permisslon of the developer. 2. Nu clothes drylug pales or lines shall be ereclec9 or used on the properly In such a manner that said poles, lines or cluth- Ing !hereon-shall be vlsiblc from the street, water or adjacent lots. 3. All garbage or Crush conlalners, oil I:mks, buule gas Cull:.:, soft water funks, air cm,dilluners or other motors, cum- pressor::, equipment, machinery and similar slnrclures or lnaaliation, shall be placed under the surface of the ground or so that Ihcy shall not be vlsiblc from the slrvel, n•olcr or adjacent property. D. WALKS AND DRIVEWAYS. 411 walks and driveways shall be constructed of concrete (cool the curb to the lot Ilne and the remainder shall be paved conlli,uously of concrete or flue Inches (5") of compacted oyster shell with double surface treatment or equal. Nu strip or ribbon driveways shall be constructed or permitted. Plans and specilicatluns fur walks end driveways shall be subJecl to the approval of the developer and shall be submitted to the developer lugethei• with the plans for any proposed resldeucc. Drlve_ way epprgaches shall be constructed oI 2500 Ib. concrete. Driveway approaches shall be defined es that portlun of any driveway between the existing curb and the front lot Ilne. E. DOCKS AND HGATS. i. Any dock, boathouse, bullding or structure over the water adjclning the property shall be constructed of 22-pound pressor.:-creosoted plling and Celcurr decldng or halter. 2. IJo dock shell extend more then thirty feel (30') Irasn the reawall. No tie-off piling may extend a distance of more than forty feel (40') from the seawall. 3. No dock shall be placed ao os to hinder navlgetlun In Iho w:.tcrways behvecn the Islands. 1. No dock oc Ile-oft plling shall be constructed within lwolve feel (12',) of the proJeMlon of any_ side. or Interior, tut, Ilne. _ _ ,. 5. No boat may be ao ouchored or moored as to hrierfere wllh navlgatlon. F. SIDEWALKS. There shall ba constructed In accordance wllh Pions filed wllh the oftlca u[ the Clty Engineer and the Developer, elde. walk; in the right-ot-way on the street slde(a) of every lot In lhls Development. A 4-foot wide sidewalk shall be con~truc- ted with the street aide o[ the sidewalk live (5') feel off of the rlghl-ot-way Ilne. Sold sidewalk shall be constructed of 3000. Ib. P.S.I. concrete, formed and poured tour Inches (4") thick, oxcepl at driveways or vehicle crossing zones where the thickness shall be six Inches (0"), reinforced with 8 x 8 ten (10) gauge wire mesh. Sidewalk conslructlon shall be to ilnes and grades In accordance wllh Speclticallona approved ty the Developer. Plot or site plans, when aubmltled to the Developer [or urchlteclural approval, shall show sidewalks. Sldewelka shall be constructed simultaneously with the driveway and no dwelling or bulldingy shall be occupied before t'ne sidewalks arc completed. When the right-of-way available narrows down (Lots 8-13 and 32-38) the sldecc•alk shall occupy all of the rtght_ot-way behind the curb. C3. GENERAL t. No grade or elevollon of any purllon n[ any lot may be c•hnnged without the spucl(Ic consent of the devcluper. 2. No curb, drainage structure, water Ilnes, sewer Ilne, aeacvull nr portion r.f any street shall be removed ur altered [or any purpose without the specific consent of the devcluper. 3. Owners of respective lots shall be directly flnanclally responsible lu the developer fur damage to the foregoln;; Im- provements resulling from the aMions of employees of sold owners or independent contractors turnlshing labor or molerlala to or for Bald owners. 1. No structure shell be erected, placed or permitted, and nu alleratlons shall be made or permuted on the property which shell to any way hinder the surface or sirbsurfocr dralnagc of the property. - 5. No bulldln¢, structure or lnstalletlon, Including but not Ilrnlled to residence, garage, palto, boathouse, dock, wolf, fence, mess planting sect barbecue gr•111, shall be constructed, erected, placed or permitted upon the property until the plans end speclficatlons therefor have (teal been approved by the developer or Its designated authority. The said plans and speciflcallons shall be suhmllled by the owner to the devcluper In duplicate, unc of which shall bu returned to the owner when approved or i•eJected, and the other relalned by the developer. Approval by the cl:veluper of sold plans and speclticallons shell not be deemed to be o waiver of these restrlctlons. The developer hereby reserves the .right to dlsapprovc plans and speclllcalions solely on the basis of aesthetics. 8. By taking title subject to these restrlctlons, purchasers Iroin the developer and Chu successors In Title Io such purchases hereby acknov:ledge shat the developer will conllnue dredging, fliling and constrttcllon operallons on the other lands of the developer In the viclnily of the proParty, and the said purchasers and their successors In lttle do, by taking title subJecl to these restrictions, waive clulms for damages ~vhieh might result (ruin fumes or gases resulting from dredging operallons, and do waive objectlona to the zoning of the other lands, of the developer by the Clty of Cleartvaler according to the desires of the developer. No betiding shell be erected upon the property using any paint or oilier materials which H•I11 become dis- colored or damaged by the fumes or gases which might result from dredging operallons. 7. No noxlcris or o([ensive trade ur activity shall be carried on upon any lot, nor shall anything be done !hereon which may be or become nn annoyance nr nuisance to the ncirhborhond. ~."' y c 8. No animals, Ilvest oullry of any kind shall be raised, bred or kept on a except that not more than three provided that they aru nut kepi, ~r maintained for any commercial cab and other h~ !d ets may be kept (3) doge ~/ ~ , , p purposes. ~ ~ 9. No sign of any kind shall bo displayed to the pubilc view on any lot or bulldln except (1) a sign o[ sot more than five ai gar property Burin the or (2) gns used by a build to advertise the g erty for seta or root th ro s uare feet advertlsi (S / p , q na ) e p construetlon a eriod d l ~ n es p . sa 10. No structure shall be erected or moved upon any part of life premises herein described, nor shall any change u< mod- Ipcatlon be made In lba exterior of any such structuro unless lliu exterior pions and speclficalluns thereof or such proposed modl!lcatlona showing the nature, kind, shape, height and location thereo[, shall have bean submitted to,' and in wrlttng app- roved by the developer or !b dWy designated authority. I1. North Bay Company, a Fiorlda corporation, la hereby deslgnaled as "the developer" for the uses and purposes of these realrlctlons. 13. The developer shell Nava the right and authority to approve exceptions ur variations [ro,n these restrictlona without notice or llablllty to the owners oI other Tots or any persons or authority whalsa:vcr. 13. Should more than one lot, as shown on the plat of the subdlvlslon, be used ear single bullding site, these reatricllons shall apply as though the entire bullding site were one lot. 11. These covenants and restrictions are real covenants and realrlctlons and are to ivn with the land, and shall be binding on all parties •rnd owners, and on all parties claim(rtg~ under them, for a period of twenty-f(ve (25) years from lha date these eovenanla and restrictions era recorded, after which time said covenan4 and reslrlctlona shall be automallcally extended for successive periods of ten (10) yearn each, unless prior b the commencement of any 10-year pperiod, an Instrument la writing, ilgned by a mo orlty of the owners of Iola, hue been recorded In the pttbllo Records of Plnollar County, Florida, which said Instrument shsl~ agar to ohange, alter or reaolnd said oovenania and raatrlottons In whole or In part. 15. If any person, fltvt or corporation, or tbslr heirs, suocasora or assigns, shall vlolale or attempt to violate any of these restricllons before their expiration, It shall be lawful for any other person or persona owning any part or parcel of any abovs described land to rosecute any proceeding et law or !n equity against the person violating or attempting to vlolale any such covenant or realrlctlons and either to prevent him oe them Irom so doing or to recover damages or other duce for such violation. !d. Invalldatlon o! an one of these covenmta by Judgment or court order shall In no wise attect any o! the other pro- visions, which shall remain In toll force and effect. ~ r ~p~~xtr~t~ t =' ~~itiild,~~#tt#e~'t cif ~ C~l~ttrtu~. '~ntf r~tur" ` Pt"' ~` •. :. } t!+r I'1tr},,,1.1~~u /r c)tr , ,. • r.• ' , .; •.:, , /.. rt , r,, pNrY"r.htr.,.rfi v.- ••~ ~~.G !KNOW ALT: ht1sN BY '19IIRSF: P1tl:.SPN1R; 1'hnl lho ~tndond tlyd• enrporallun, bcIOR Iho ,ownor:ln ieoslmplo..ofaall oE; `iSL.\F:i> I:S'1'A'f1:5 OF CL1sARWATEit, UNIT FIVE,-ncc.grdinlt, b,,Ih~ mop ar j,lal thereof recorded In Plat Book 51, Page 34, ,,~.; t: Public Itr•curvls nl Yinellna Cnunly, Florlrla, does hlrebp'deehire •ihnl all of rnid'BUbdlvlslon Is: subJeet to ~aho~•following, rcrariallom%: .. .. ,. .... . , ~.<~+.. •. ~': ~ .. ~ ~ .:irba~'.i„nr 's:,r:. nS 'fhesr restricllons and Ilmilnllans shall he covennnt•9 running with the land, regardless of whether. or! not.;they.::are. specifically meutiuneA in any deeds of cont•eyunce aubsequenllp e::eculed. DLOCK C, and lots 1 through 13 tnduslvo of Block D: ors horeby restricted as tollowsr A. Rllll.l)IN(:S. 1. All of the above properly shall be known and described ns Boxlness and Cnmmercinl property. Land uses shall permit Iha conslrt.,r.;un and nperttion of principal or Incident strurlurrs Icnut~n as retail, service, resort, hotel, motel. restaurant uw•s nnd~ prufc.^.:cionnl hnllrlings. Land uaca whlrh nrn expme~i;; pruh{oiled arc H•halr•snlc business, manufacturing, fish hnu:a•v, urd Ihose u•:rs which by \'irlur. of the nnUlro of the hasiness, hnvn tut ohJecilonnl appearance or emit noxious odors, ttnl~: one mndrrn wnler0•ont marine 1Vny, which Is pmprrly screened, will be Perrniltrd on Lull 1 through 8 inclusive, Itlocl; 1). Uul)• one filling station shall be conalruclud within lho subah•ision, which filling station shall be constructed on Lot 3, Blu,ac (:. .. 2. All buildings me to he conslrurlcd'fmm new rnnlcr-nls of f{w 7eslsllve nature. 3. All Irn,l;ur;try 6ulldfugs or bailers ILe. Conlntclm•s olflces, etc) and nil"material Incidental to construclluri shall he rrmuvrd h•an, the silt: within 111 days after the Cily of Chvtrwnlrr Issues the CrrllGcale of Occupancy for said site. •1. Nu hnilding shall he nmslrur.lcd un nny lot u•hirh buildin;; is lass Ihnn 1,OfH) sq. [l. ground fluor nrco and no hotel ur r.•.drl buihling shall Le cmtslntclcd which i, leas than '1,000 sy. fl. gruiuul flour urea. B. Llt9'S AND LgCA'f1ONS OF BUILDINGS. I. au 6uilrling si,nll he cunslruc•I~•d on any lot hav{nl~; less Ih:ut 10,(100 sq. ft. or n street frontage of less than 90 lineal fc•:I, escc•pt Ihose lots ,rhic(t arc orlKinally plotted ns such in Uuit 5. Nn stable family ur duplex use shall be constructed. :. tin bu114ing alutll ho erected nn nny, trulerfrunl lal closer, Ihan.~25. fuel lu the centerline of lho seawall cap. This nr,;ulntiun la nut to be canstrucd us pruhlbiting the cinfslrual{iin itf 'polies' nr oycrhnngs over this area, ea long na said ,.crrhnngs ore c+rnlilevered from the priur.ipnl building mtd nn• oat er)closed by screens ar curtain' walls. - S. Lots ] Utrough 3 inclusive, Block C, shall be subject to n 25 foot setback /ram the platted westerly right-of-way of island Way. :;; :. , I. Lots T lhroug:t 10 inclusive, Block U shall be subJect Inn minimum front building line setback of 15 feet. C. FENCES, WAI.IS, OTNF:R STRiJCTURES AND OBS'fRUCT1U^S. , 1. No fonec ar wall shall be constructed ur pcrndtlorl unless and until n current survey has been made and said siu•rey.and plans nod spucificallons fur Enid fence or u'nll harp been approved by the Developer or Its duly designated A;;acl. ., ^!o clothes drying poles or lines shall he erected or used un the property in such n manner that said poles, Ilnes ur cluihing ~themon shall be visible from the slreol, water or udJuconl loU. 3. All garbage ar lrnslt conlalners, oil I:tnlcs, bolllo gas tanks, soft wnlor Innks, air conditioners, other motora,.compresaora, equipment, machinery, and slmllnr structures or Installallans, shall be placed under the surface of the ground or placed In ~cullcrl•In areas so that they shalt nut be v{slble from lha struel, water, or adJacent property. .. _ p. OI+F STREET' PARICINC. ~,..,..-.. 1. DEFINITIONS tt. Fur' Ute• purposo of ibis restrlcllan; 'bf6 street parking shnce" ~shnll consist. aLrc.uolnimum. nets area .of.:150: aq. tt;,.ot •apprapi•inle .Ilravhslon •`for linrking nh 6ulomnbiie,' exclusive •of access drives, on aisles •thereto, u: u..: •.:;,,.:;,; .,at,i ' •.e b. Forlhe •purj,oses'of This restrictlan, "'fluor 'nrco" In°tha case rif offices, mcrchandlshtg or service-~lypea of uaca shall mean the gross fluor nrco used or offended In I;e used far scrvico In the people as patrons or tenants, including area^ used far display or sale of merchnndlse. c. F'or the I,urpose of lifts restrlcllun, a I,Ince of "pub-Ic nssemblr•" shell mean n building In which provision la made for the congregation or gnlhm•Ing of 75 or more ipersans. Reference Is made to the Southern Standard Building Code as to specilic buildings included in.lhls general category: •!, CF:N}:RAL PROVISIONS. ' . a. Area resen•ed (or oft street pnridng or loading in accordance with the requirements of th{s restrlcllon shalt be permanent. - b. Retluired off street parking or lonrling area shall not be reduced or changed to any other use, unless the permitted use which it series is discunlinucd or ntudi[icd. Lt such case off street parkhtlt shall be computed for the new use. r. Parking spaces shall be reserved fur the solo use of the accupnnls of .the hullding or lot and the visitors thereto. 1lowever, churches, Theatres, audilurhuns, community buildings turd other slntlhu places of yublic assembly may make arrnnguraanls fur Juinl u:w uI purkh,g sl'mco tvllldn lho uses ns in (d) below. ,I. Chcu•ches, theatres, cummunlly buildings and other slmllnr I,Incea of public assembly may use adJacent off street park- ing areas within 500 feet lu meet not inure than GO•Y, of the total requirements of said uaca. 1. SPACE P.F:I?U]RE\tEtJ'fS. n. Thu follmcing mininntm off sU•cet pnrking space shall he provided at the time of the erection of any main bullding or sUVC•turc, or at the time any such building or use la expanded. h. In the case of :tti~cd uses, parleing facilities required shall he the aura o[ requirements for the various uses computed scpnrnu•q• in nccord+utce with these rostrktlons. Parking fncllltles for one use shall not be considered as providing the p:ulcing (ncllllies fir another use. c. In the cases of uses nut specifically menlloned, lho requirements for off street pnrking fac)!]tlea for slmllnr use !:hail apply, •1. LUCA'f1UN. Parkin; Wrens shall he located on the tat or parcel, or the same side of the street, adJacent, or Immediately ndJoln• ing, ur urrus, nn ulle>' from the properly which they m•r. la serve. • • , 5. UE:i1Cid'AND (JONST'RUCTION ~:~'. h: d. t,ttrr •.rT~TC:: r•:,v: c, :, - ;:,..r; :.. . ,, . i„ :;l~t~,. u. Alt <Ir!rca•ays and pnrking' areas slitill be "coristructed''of'slx inches (8'--')%ot tlnished•(97'/..denslty);compacted.oyster shill bush a•itlr 1" plant mix "(hot mixY eisphallic'sur[nce'•troatment,+or equal. ~- >,•'~•~~ :: •• :•. :. .: ,~ .: •~,,:: b. Any L:;hTint; used in Illuminnle nny. ofI sliest pnrking nrco including any commercial parking lots,.•shall..be eo nrntnged as w reflect the ll{tht away [rom the adiolning premises. G. P,\IlIi1NC SPACE REQUIRE!) -- RATIO OF PARiCiNC TO FLOOR SPACE. *.Iri,EL3, HCiI'F.IS OR APARThfEN'1'S -- 1 pnrking space for each dwelling unit. It L•"I'Atl~ S'I'Uitl%LS ~-- having J,Illlu sq. fl. nr less; ] sq. ft. of parking space l0 1 sq. tt. of bullding: 3,000 sq. ft. or above; 't xq, ft. ui pnrking space to I sq. ft, of hullding. S1:ItV1C1:: ~fA'I'ION - 4 I,nr•king stalls -- flues oat include space allotted to customors' "paid pnrking area." RIiS'1'AURAN'I'S -~• 1 pnrking spncc fur each 5 seals. AIL•'1)ICAI. Ct.1~IC & PRUFI:SShtNAI. OFFICES -~• 9 pnrkUtg spaces per Doctor or Pro[esslonai licensed executive. 1{Otii'1'I'AI ti - 1 pnrlcing spars f,.r inch d pnllonls. FUw1:RAl. IIU~t1sS •~- 1 purlcing spare for each 5 aCA(S. IIAItU\VAItI:, t'UItNI'fURi•: & API'I.IANCL S'I't)It1+:S •- 1 sq. ft. of parking sitace for each 4 sq. ft. of bullding. CI(URCR -- 1 laukbtg apace for .each 8 scats. AUDI'I't)RiU:rl Olt '1'114:ATRI•: -- 1 parking spncc (or each G seafa, COAIAIUNI'1'Y BUILll1NC -- 1 parking spncc fur each 8 seals. 1,11}IIAItY, AIUSL•:U~l ANll S1AllI,AR IJSL•'S -- J sq. [t, ut parking space l0 9 sq. ft. of bullding. +:. ~. ,. ~ ,~ +r"'1 .^ -~ '"• DOFF STREET LOADING. ~ 1: .~~ya: D rlfVl9'ION F Fur .~rposr ,of this jroalrictlon rthc term "nff street loarllr~ce" shall conslsl of a minlmum • of a,xt aq II ;:;Af n,tproprh•i, cn do,t ,for lundlttk a t able Ic oxdnsh•o . of nrc(•ss r1 nr nlsles thereto. 'F t b. SPACr RRQllIREhIEN'1'S - in nddltion.'to *tho~'fproguluq . roiluiremunla Inc oft street pnrlanq, permanently main- ', •; lalned o[f strict lundlnq nrrnx shall horcultrr.ho plitvidud,on.lhe xatar lul nr tract of lunrl when strticlurra [ur the following ` n>es,.pru eructed, uxlnClishrd ur expanded. r ~~'ri ~:i.'fiuxincas nffircs, hotels, motels, cutoff busht(s.,rs;"und`rc:tinurnnts, wlthln n gross floor area of Icss than 5,000 aq. , `-`:fC: shhll ;,ruvidc sufficirnl space, so ps not to hlndrr lhr free. taucr:nc,tl of vrhlclr:r nt,d podeslrinns n:rr n sidewalk, sln:al ur alto)-. 3. IlnspilnC:, hstllulinns, Cosiness offices, hotels, motels, reUtll Cuslnesses, and reslnnrnnls, with a gross flour area of u,lllk) sq. ~~. u; nu,rr sunll provide one space for L'U,Of10 sy. [t. ur Irs and un nddillun:cl shore fur each addllional 30,000 xq. fl. nr fruclinn Ihercnl, ;t. t[nlclx earl office hulldings, with a l;rnss floor area of 76,000 sq. [t. or more :;hall provide one space for 75,000 scl. It. :w;: an n,Iclilluunl space for each ad(Illionnl 125,000 sq. It. or frrctlun thereof. I. 1Yhun n use Is not specifically menlloned, the requlremrnls for landing fadlilles for u slmihu use shall apply. Fl BOATS AND DOCI:S. t. Any rlo(•k, bnnlhnuxe, bullding or structure over the tva'ar ndjolning the property shall he constructed of 22-pound pres::urc-cruosntrd pilhtg and Celcurr declan!f ur Caller. 2. No dock shall extend more lltan 90 fret from the seatvnll. Nn lie-off piling r»:ty extend a distance of more than 90 feel from said seo+vnll. No docl( nor any part thereof shall be constructed wlthln ]0 fort of side lot line, or sold lot floe extended. Lnls 2 thn>uph 8 Inclusive, Block D only, may consintr.l docks or plling Into water a distance not exceeding 60 Ilue:tl fret from the seawall. 3. No dock shall br Ittacect so as to Alnder navlgatlon. •I. No heal may Ce so anchored or moored us to interfere u•ilh navigstlon. 5. No doclt shall bu used for commercial fishing, storage or dunning of [Ish. F. SIf:NS. 1. Nn sign shall be constructed or permllled, all or any purl of which flashes on or nff, revolves. changes In brllllance nr rnnnnrr nl Illuminngnn or umploycca vey moving part or parts. No dlrecllonal hcsm or beacon sign or light shall be ronslructed or permllled. _~ ?. No sign, display or awning shall be constructed or placed In front o[ any lot Ilan or ntlnimum setback Ilne. 3. No sign al>.nll he constructed or permitted which Is more than 1]0 sq, [l. In ores on each face or side of said sign. --•4. No sign shall be coustrncled or pennilted nn any site which ndcertfses any product or service which Is not the principal product nr service of said business. No "sulpe" signs shall br constructed or permllled. C;. GF.NF.RAL. t. No grade nr elevnlion n[ any portion of any lot may be changed wllhout the specl[Ic consent of the developer. 2. No curb, drninn;;c structure, +rnlrr Ilnc, sewer Ilne, seawall or pardon of any street shall be removed or altered for any purpose wllhout the specific written consent of the developer. ~. O+':ners of real,eclivr lots sltnll be directly financially resl,unslble to the devrlnper for damage to the forrgoing Im• pra+•ements resulting from Ihr ncllon of employees of sold owners or independent cnnlractors furnishing labor or materials to or for said owners. No structure shall be erected, placed or permllled, and no nllenttlons shall be made or permitted cn Utc property which shall In any way hinder the surface or sub-surface drelnage of the property. 9. No I,trllding, structure or Inatallntlon, Including but not Ilmlted to resldrnce, garage, pntlo, boathouse, doc)c, wall, sign, fence, mass pinutinq, and bt,rbecue grill, shell he catslructed, erected, plneeA or pennilted upon the property until the plans and sped(Icaliuns therefor have first been approved in wriling by lhr developer or Its designated authority. The said plans and spcrl(icntlnns shall 6e suhntilted by the oemrr to the (levdoper In duplicate, one of which shall be returned to the o++•ner t+•hrn nppro+•rcl or rejected, and the other retained by the developer. Approval by the developer of sold plans and sl,ecl(Icnllons shall not he dcented to Itr n t+•nit•cr of lltese reslrletiuns. The developer hereby reserves the right to dlsapprnve plans and speclflcnlions solely on the hosts of aeslhetles. S. By taking title subject to Ihesc restrictions, purchasers from the devrlnper and the successors In title to such pur• chasers herrhy acknmviedgr Utut lhr devrlnper will emtiinue dredging, filling and constrticllon operations on the other (ands of the developer in the +•Icinlly of the properly, and the sold purchasers and their successors In title do, by taking title subject lu Ihesu resu•lcUuns, waive claims for dumagen which mlgL•l result from fumes or gases resulting from dredging upernlluns, and do wnlt•e nbJections to the zoning of the other lands of the developer by the Clty of Clearwater according. to the rlrsires of the developer. No building shall he erected upon the properly using any paint or other materials which will become discolored or damaged by the fumes or gases whldt ntJghl result from dredging operations, G Nn noxious or offensive trade or nclivlly shall be cnrrled on or upon any lot, nor shall anything be done thereon u•hlcb may he ur Cecuu,c an annoyance or nulsnnee to the nrlghborhood. 7. No animals, livestock nr poultry of any kind shall be rnlacd, bred or kept on any lot, except that not more than lhr(•e la) dogs, cols ur other household puts may be kept provldrd that they are not kept, bred or malntalned for any c•umrncrclal hurpuxes. fi. ~u structure shall be erected ur ntovrd upon any port of the premises herein deacrihed,• nor shall any change or ,nndifcntlrm Ire mode in the rxlrrlor of any such structure unless the exterior plans and specifications thereof or of such propoud nr,rlificcttlunx showing the nature, kind, shape, helghl noel location thereof shall have been aubmllled to, and in e~rltin6 npprot•crl by, the developer. 0. r:nrtlt Rny Cuml,nny, n Florida corporntinn, Is hereby designated as "the developer" for the uses and purposes of Ihuec reslricllons. 10. The dcccloper shall hove the right noel nulhnrily to approve exceptions or variations from these res[rlctlons wllhout nnllce ur Iiabtlily lu Ute owners of other lots or soy pcrsnna or authority whatsoever. 11. Shuulrl more than one Int, rts shown nn the pint of the subdivlslon, be used as a single bullding site, these restrletlons shall apply ns lhou;;h the entire bullding site were oar lot. 12. These covenants nn(I reslricllons arc rent cuvcnnnts nnA restrletlons and are to run with the land and shall be bindin;f err all p:vllas noel owners, and un nil lmrllrs duimin{; under them, [or a period of twenty-flue (25) years from ll,c date IP:usr rovrr:nnls noel roslrlcliuns uro recorded, after t+•hich flats, said covenants and restrletlons shall bo eulo- ntaucnll>• cr.lrnded for successivu periods of tan (10) years each, unless prior to the commencement of any 10•year period, an Crstntn:unt in 'sriUm;, slFned by a maJurlly of the owners of lots; has been recorded In the Public Records o! Pinellas i:uanty, Fbn:d:t, +r!:Ic•h sold inslrumunt shall agree to ch:ut e, alloq or rescind sold covenants and reslricllons In whole or in port. I:1. If any prn:un, firm or corpornlion, or lhelr Iheh•s, successors or assigns, shall vlolale or attempt to violate any of Ihesi• rc:u~ir.tiuus before Ibrir expirntiun, It shall by lawful for any other person or persons ot+•ning any par[ or parcel of :u,y ubn•.~,: dcrcrlbed Innd to pnr.;cc:ule any prucredings nt law or in equity against the person or persons vlolating or nn,~n,p.in;; to +iulatr uuy such cut•ennnt nr rest rictiun noel cllher to prevent him or them from so doing or to recover elan-•n,;as ur other ducx for ::uch vlulntinn. , ! 1. Inculid:rJiun of any one of these covenants by judgment pr court order shall In no wise affect any of the other prucislons, xhli.h ,:boll rc•mnhc in full force noel effect. >x c t . r.,.. , • f ,t G .+} Mq r.~ , ,. . . r • •F 'IYYt •. rSY~t` t 7 r '1 ./ ~'o .4 9 ! tiO4 ~6, iO ! 4 ~ ~ • \~ g ~ ~ a C ~. 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' M F I 1 DECIO, GIORGIO DECIO, VANNI VIA PALETTA 22 ANGERA VARESE 21021 ITALY LARA, CARMEN PITAGORAS 211 COL NARVARTE MEXICO CITY DF 03020 MEXICO r SCHNETLER WERNER E , NEILSEN, ANNE TOEMMERUPVEJ 73 277D KASTRUP DENMARK FEVER DAVID L FEVER, OFEL"IA V PO BOXH`1045 D,O,WNEY GA ="9'0240 0045 HADJIMARKOS, EVANGELOS THE HADJIMARKOS, STERGANI THE 205 MAUI CT SAN RAMON CA 94583 1417 WEBH, MELANIE C/0 BRUNI, BRENDA W THE 2465 WESTGATE AVE SAN JOSE GA 95125 4042 NECKAS, CH.°.ISTINE 5047 SW 97TH ST SEATTLE WA 98136 2743 TOTAL PARCELS: 2,288 .l~IGu-~d Ls-I-o~--~-enS IJ~C' i~~'~r~00~ I~ ~Gtn SEITHER, ELYZASETH C 437 LEEWARD ISLAND ESTATE FL DANK, ROGER W 10 SARUM CT 2 ST OSMONDS RD POOLE DORSET BH111149JN GREAT BRITAIN BERNARD, GUY L 4901 BASCHARAGE P 0 BOX 34 LUXEMBOURG SHARKEY, DOROTHY SHARKEY, ROBERT 1610 GLADYS DR GIENDALE CA 91206 1616 GRAY, JEROME A GRAY, CYNTHIA M 114 MILL ST LOS GATOS CA 95032 RICE, MILTON B RICE, JOANNE S 534 SW 316TH ST FEDERAL WAY WA 48023 4634 FREDRICK, CYNTHIA J FAROKHMANESH, MASHALLAH SW 935 CRESTVIEW PULLMAN WA 99163 2052 ~i4oa-03-D 2. ~ ~ i °i ~ J b' C'C 7- t8-Oa ZACK[Y, GEORGETTE M BAYFORO HOUSE CRICKETFIELD LN BUDLEIGH SALTETON DEVON EX9 6PB UNITED KINGDOM KING5GOURT INV LTD 2 LE MERGHANT ST ST PETER PORT GUERNSEY GYI 2JJ CHANNEL ISLAND 5HERIBAN, DAVID J 5HERIDAN, JANET K 133 THE RIDGEWAY NORTHAW PDTTERS BAR, HERTS EN6 4 GREAT BRITAIN POLINSKY, DAVID I 1388 GROUGH S7 # 601 SAN FRANCISCO GA 94109 GRAY, JERO.ME'A' GRAY, CY.MTFI'I'A M 114 ill:l:L' RD LOS"!"GFSTOS CA '9:5032 1952 KRASS, EDWARD N KRASS, JEAN L 16100 LINDEN RVE N # 410 SHORELINE WA 98133 5682 FREDRICK, CY.NTHfi'A J FAROKHNlRNESH', MASHALLAH 5W 9.35-"C"RESTVIEW PU;LLM'A'N WA -99'-1'63 2052 ,'+V VRHIfl, JUtIN MG GRATH, RUSSELL P FOSTER, THOMAS J FOSTER EMMA R POVLIS, ASPACIA THE PO 60X 174& , PO 60X 554 1339 WESTBROOK ST ' YORK $EACH ME ACTON ME PORTLAND ME „ ' , 03910 1746 04001 0554 04102 VINCENT, MADELYN 3 ANDERSON, KEMNEFH B PALENZA ROSETTA BOOTHBAY NBR ME APIOERSON, HELEN A 45 RALPH AVE , 44 ROWLAND DR 04535 0537 NEWINGTON CT HARTFORD CT 06111 5442 06118 2443 ST MARTIN, DAVID J ST MARTIN, KAREN P LAWSON, CHRISTINA PO BOX HORTA, FRANK S 54 COLLEEN ST 373 WINDHAM CT HORTA, JUDITH A DANIELSON CT OS280 0373 BOX 615 8 DEAN RD 05239 3300 EAST LYME CT Ofi333 1413 RNDER50N, RICHARD F ANDERSON GERDA E SHEEHAN, BERNARD F SR D R M CLEARWATER , 9 LAKEWOOD RD SHEEHAN, RHEDA M 40 BRIBGE ST G/0 MAGK, DAVID A PROPERTIES EAST HAMPTON CT OLD SAYBROOK CT 30 JELLIFF LN 06424 1404 Ob475 2502 SOUTHPORT CT OG490 1482 MAZAL, RALPH A MAZAL, MARTHA MOHRBECK, HAMS SAN AGUSTIN MOHRBECK, HAkS W 744 MERRIMAC DR , GELITA 13 SAN AUGUS.T~I'N.,''CELITA S TRUMSULL CT SHERMAN AVE GREEtrWICH CT 13 SHERM'QN""AVE 06611 1742 06530 5016 GREENWICH CT '' OG S30 601 G DOMOVAN, RENEE R O AVE W EGNEZZO, FRANK J EGNEZZO MARIETTA E GARY L L C7 GREEN ICH , 45 ELMBROOK PL 39 PARK AVE 06830 7105 6LOOMFIELD NJ BLOOMFIELD NJ 07003 07003 2609 MANGAS, RICHARD L MANGAS, MURIEL PEHIMAN, JAMES G SALVEST JOSEPH J STYPLE, WILLIAM B 90 DEERFIELD RO , PO BOX 314 STYPLE, NANCY WEST GALOWELL NJ KEARNY NJ 41 LINDEN AVE • 07006 8133 07032 0314 KERRNY NJ 07032 1712 STYPLE, KENNETH P STYPLE, LYNNE B DOBYNS, RICHARD W 1351 CHROME, MAVRICE 5 SUNSET LN GARYMILL DR SCOTCH PLAINS NJ CHROME, MILDRED PARSIPPANY NJ 07076 1541 RAHWAY RD 07054 4334 SCOTCH PLAINS tJ7 07076 2730 AGATHIS, NIKOLAS AGATHIS SOPHIA DORIZAS, VLADIMIROS FULDA DAVID J , 572 ASHWOOD RD DORIZAS, KOULA 894 LAKE ST , FULDA, LORETTA A SPRINGFIELD NJ NEWARK NJ 118 BELMOHR ST 07081 2527 07104 2310 BELLEVILLE NJ 07109 STRYESKI, JANE 108 HILLMAN AYE PAPASTEFANOU, STEVE PAPASTEFANOU EDITH AMORATIS, NICHOLAS GLEN ROCK NJ 07452 3018 , 258 W SADDLE RIVER RD AMORATIS, JOHN LOGO COFFEE RD U SADDLE RIV NJ 07458 2120 HAWTHORNE NJ 07506 2020 RIORDAN, ROBERT RIORDAN, KATHLEEN KAROUNOS, TEDDY KAROUNOS LORRAINE FRANGOS, GEORGE 40 COLUMBUS AVE HASBROUCK HTS NJ , 444 PINE HILL RD PONIROS, PIARIA THE 67 JOHN ST 07604 1D23 LEONIA NJ 07605 1420 ENGLEWOOD CLIFFS NJ 07&32 IMPARATO, MATTHEW F IMPARAT4 DORIS DI MOBILE, ANTHONY MIRAULT WILLIAM , 17 PARK AVE DI MOBILE, EILcEN 659 DAY AVE , MIRAULT, STEPHAPdIE LORI NJ - --- RIDGEFIELD NJ 4b CHELSEA DR SADDLE BROOK NJ a • RVVSKHb, MICHAEL 711-7 ZLOTKIN CIR ZAKREVSKY, LENA 1 RICHARDS W CURLEY, EDWARD F FREEHOLD NJ 07728 43b8 AY HDLMDEL NJ CURLEY, NORA H 15 BRAINERD RD ,~ ~ 07733 SUMMIT NJ 07901 1410 CONLEY, TODD C 28 PORESFVIEW DR YOUNG, DANIEL A JR YOUNG HELEN T MALANDRUCO, THOMAS ' CHESTER NJ 07930 , 13 E FOXWDOD DR b CH cRRY CIR BLAGKWOOD NJ MDRRIS PLAINS NJ 07950 2b3u 08012 4Gb8 WAOSWORTH, KENNETH W WADSWORTIi, MARIE K MARQUIS, EUGENE MARQUIS GLADYS CECGHI, ATISTIDE 17 COUNTRY LN COLUMBUS NJ , 20 COLUMBIA DR CECGHI, GIDVANNA 24 PANCOAST BLVD 08022 1123 MALTON NJ OS053 3524 DELRAN NJ 08075 1437 BARR, THOMAS S 9 RUTGERS DR bAVEROV, EDWARD KUZMEN ALEX DELRAN NJ 217 ROBIN RD MILLVILLE N1 , KUZMEN, VALENTINR OS075 1b09 08332 5541 213 ROBIN RD MILLVILLE NJ 08332 5541 GLASSMAN, BEVERLY W 1G0 LONGVIEW DR MARTINEZ, MANUEL GAND PLINIO, THOMAS 7 PRINCETON NJ INO, MARK PO 80X 349 7 SCHOOLHOUSE LN 08540 5641 ROCKY HILL NJ LAKEWOOD NJ 08553 08701 5759 RUVELAS, CONSTANTINE RUVELAS, GEORGIA BATTISTA, JOSEPH L JR BATTISTA MICHELE MATTHEWS, DONALD 171 WARDSWORTH RD BRICK NJ , 29 STOCKTON LAKE BLVD MATTHEWS, CHERYL 45 LAKEWOOD RD 08724 MANASOUAN NJ 08735 3015 MANASQURN NJ 0873b 3508 WILLIAMS, DANNY PO BOX 1213 CARTNICK, LOUIS CARTNICK SHARYN L MAVRONICQLAS, STEPHEN NORMANDY BCH NJ , 1028 SHEILA DR MRVRONICOLAS, IRENE 08739 1213 TOMS RIVER NJ 60 LIBERTY DR DAYTON NJ OS753 3522 08810 1614 PLINIO, MARIA M 13 OAK CREST DR NICOLAS, STRATTON P CHENG CHON S EAST BRUNSWICK NJ NICOLAS, TOULA A 509 PLAINFIELB RD , CHENG, 5ARAH H 0881b 4042 EDISON NJ 511 HILLCREST RD 08520 2500 MARTINSVILLE NJ OSS3b KANACH, JOHN H 72 RAINBQW HILL RD HILLSBOROUGH NJ ARMED, HANY ARMED, SORAYA EGNER, JOHN EGNER LINDA 08844 390 PSC 3 BOX 19$7 , 25 MER 4 APO AE CER ST # 2A 09021 1995 NEW YDRK NY 10013 5811 FERRIS, LOUIS S FERRIS, MARIE CIFU, PALMA 1S5 W END A HONIAK, VALERIE 200 E 62ND ST VE # 9E NEW YORK NY PO BOX 1282 NEW YORK NY 10021 8209 10023 5543 NEW YORK NY 10155 1252 HALIABALIS, CHRISTOS HALIABALIS, MARY JUDGE, CHRISTINE 99 V SQLEBELLO, WILLIAM 37 WEST CEDARVIEW AVE AN BRUNT ST STATEN ISLAND NY 5QLEBELLO, DIANE L STATEN ISLAND NY 1030b 1721 10312 3727 1G2.BENEDICT AVE STATEN ISLAND NY 10314 2315 BUSTARD, ROBERT G SEYFARTH, EILEEN C GRIFFIN, MARY F 5355 HENRY MEYERS, GERTRUDE S 1239 CASTLE HILL AVE fiRONX NY HUDSON PKY RIVERDALE NY 12 CHERRY LN ~ __ 10471 SCARSDRLE NY tO5S3 3115 C/O~CARIDI~,~~CARMAN 25 LA RANNU, FRANK A 10 SPRING LRKE DR CARROLL, CAROLE A WRENCE DR PLAINS NY WE5T HARRISON NY 1OG04 28 65 WOODS RD GREENWOOD LAKE NY ~ 10G03 50 10925 4404 ? ABRUZZD, JOANN 173 VERBENA AVE HINTZ, BRUCE T SANTORO VINCENT A FLORAL PARK NY 17 ELIZABETH ST FLORAL PARK NY , 1324 HEMPSTEAD TPKE 11001 11001 2014 EL,10NT NY 11003 1127 PANDS, JERRY PANOS, MARY KOSTAKIS, EVANGELINE 2814 DITMARS BLVD LENDENMANN, MARY 44 BOULDER RD LONG IS CITY NY 8201 4TH AVE # 1H MANHA55ET NY 11105 271G BROOKLYN NY 11030 1608 11209 MICHALAKIS, MARIO MICHALAKIS, HELEN GALLARO, CARMELO GALLARO MAMIE CARLIN, MARGARET 45 94TH ST , 1758 W 6TH ST 40 FAHY AVE gR L Y BROOKLYN NY 11G2$N ISLAND NY 209 Gb03 11223 1322 MARKETOS, GERASIMDS MARKETOS ELAINE PAPALAS, LEONIDAS MONTERISI, FRANK , 2341 E G9TH ST PAPRLAS, MAUREEN 3339 150TH 5T MONTERISI, LUISE BROOKLYN NY FLUSHING NY COVE BLVD L 11234 11354 3205 WHITESTONE NY 11357 1147 IOVINE, MICHAEL G IOVINE AGNES A PAPADIMITRIOU, DIMITRIOS PRESTIA, MICHAEL A , 47-12 168TH ST PAPADIMITRIGU, VASILIKI 1583 208TH 5T PRESTIA, JANET S FLUSHING NY WAYSIDE NY g 306 FRAPICIS LEWIS BLVD 11358 713b0 1119 FLUSHING NY 113G4 1G33 IRMORGESE, ORONZO IAMDRGE5E, CARMELA APONTE, MYRIAM MALDONADO JAIME 0 KARRVELIS, LEONIDAS 4604 164TH ST A , 9905 59TH AVE # fi-D KARRVELIS, MARY 74-06 30TH RVE 1~368 2813 REGD PARK NY 1i3G8 3826 JACKSON HEIGHTS NY 11370 7436 KRALJIC, IIDYA 7508 35TH AVE # 5-J SAMARAS, THEODOROS MC DONRGH, BRIDGET M JACKSON HTS NY SAMARAS, 7ANA 8759 52ND AVE MC DONAGH, JULIA A 11372 8128 ELMHURST NY ENYS BLVD G-22 W D 11373 3937 OODSI E 11377 5708 DA SILVA, MARIA DA SILVA, ANTONIO VOURDERIS, MARINDS VOURDERIS MARY VOURDERIS, PAUL 82-GO 768TH ST 0 , 18439 CAMBRIDGE RD VOURDERIS, ELAINE ASE ST H 11432 1328 JAtgAICA EST NY 11432 2416 EST Ny 3AMAICA 11432 2442 SOTERAKIS, EVANGELINE H N NIEDERMULLER, JOSEF GRIESS, AZIZ GLEN HEAD NY NIEDERMULLER, LUCIANA it FARMSTEAD LN KILADA, NADIR 11545 2258 BROCKVILIE NY 4 ROSCOE CT GREENVALE NY 11545 2601 11548 1143 CAREY, JOHN G 411 W PARK AVE COUGHLIN, EILEEN N 31 ILLINOIS P VE XANTHOUDAKIS, LAURYE P LONG BEACH NY . 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iD6 700 ISLAND WAY # CLEARWATER FL 1D5 WOOD, JAPIES D IIi CLEARWATER FL 33767 1513 700 ISLAND WAY # ~ iD3 33767 1$i3 CL. 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W TRAUTLEIN . GERALDINE M MYERS, DARWIN E JR MURPHY, WILLIAM A ,, 70Q ISLAND 'WAY # 904 ' MYERS, JANET 700 ISLAND k'AY # 401 700 ISLAND WAY # 4dG C1E'A RwATER FL 3:37'67 1835 CLEARWATER FL CLEARWATER FL 33767 1836 33767 1836 LINETSKY, FELIX LINETSKY LIDIA HARVEY, J ROBERT SULLIVAN, JOHN M , 700 SSLRND WAY # 1101 HARVEY, ARNITA T 700 ISLAND WAY # 4Q5 SULLIVAN, ANA M CLEARWATER FL 33767 1836 CLEARWATER FL 700 ISLAND WAY # 502 CLEARWATER FL 33757 1$36 33757 1536 SERRA, VERONICA K 700 ISLAND WAY # 1102 ENDLER, EVAN L ENDLER CHARLOTTE M LINTNER, HATTIELU G • CLEARWATER FL 33767 t836 , 70d ISLAND WAY # 506 700 ISLAND WAY # 4Q^c CLEARWATER FL CLEARWATER FL 33767 1835 33767 1836 FITZGERAID, MARY D TRUST 700 ISLAND WAY # 505 MATINRAZM, HOSHANG kPOSTOL, DENISE CLEARWATER FL MATINRAZM, MARY J 700 ISLAND WAY # 603 APOSTOL, THEODORE 33767 1836 CLEARWATER FL 704 ISLAND WAY # 403 CLEARWATER FL 33767 1836 33767 1835 RASHBAVM, JAMES B THE 700 ISLAND WAY # 404 PERSON, ARNOLD L TSOURIS, JAMES E CLEARWATER FL PERSON, LORRAINE K 736 ISLAND WAY # 603 TSOURIS, VIRGINIA 33767 1835 CLEARWATER FL 736 ISLAND WAY # Sd2 CLEARWATER FL 33757 1837 33767 1837 PINCKNEY, THOMAS R PINCKNEY TRACEY H KENNEDY, DIANA M YORK, CARROLL D , 736 ISLAND WAY # 402 736 ISLAND WAY # 501 CLEARWATER FL .YORK, SANDRA H CLEARWATER FL 33767 1837 735 ISLAND 'dAY # 304 CLEARWATER FL 734 ISLAND WAY # 305 CLEARWATER FL " """ °` " T36 ISLP.ND WAY # 504 ~vnrv5vrv, ACGNGS A 73b ISLAND WRY # 403 33767 1837 zLEARWATER FL 3767 1837 CLEARWATER FL i _ 337&7 1837 ' COOK, MARTIN C THE 736 ISLAND WAY # 306 SMITH, NORMA L 736 ISLAND UAY # HAROKOPUS, WILLIAM P CLEARWATER FL CLEARWATER FL 404 HAROKOPU5, XENIA L 33767 1$37 33767 1837 73G YSLAND WAY # 1003 CLEARWATER FL 33767 i&38 OSTERMUNCHNER, DANIZA M Tab ISLAND WAY # 1105 PIERCE, MARGARET M SCHLOSKEY, JOSEPHINE E THE CLEARWATER FL 736 ISLAND WAY # CLEARWATER cL 1202 736 ISLAND WAY # 1106 33767 18.,8 33767 1838 CLEARWATER FL 33767 1838 OSTERMUNCHNER, DANdZA°M 736 ISLAND ;:WAY # 1195 ENTERS, CAROL RASCHER, A MASON , CLEARW:AT.ER FL 736 ISLAND WAY # CLEARWATER FL 1004 RASCHER, JEAN A ::3376'7 1838 33767 1838 736 YSLAND WAY # 9104 GLEARWATER FL 33767 1838 MARTEN, EVERETT S MARTIN, ARLENE M SUTTON, RIDGWAY SUTTON NIKKI 8 RONGVED, LEIF 736 ISLAND WAY # t00fi CLEARWATER FL , 736 ISLAND WAY # 603 RONGVED, THELMA S 736 ISLAND WAY # 702 33767 1838 CLEARWATER FL 33767 1839 CLEARWATER FL 33?G7 1839 RYCROFT, ROBERT RYCROFT, MYRTLE BARKER, WALTER R BARKER SHIRLEY E JR TEUTON, FREEMAN E 736 ISLAND WAY # 662 CLEARWATER FL , 736 ISLAND WAY # 701 TEUTON, ANN H 736 YSLAND WAY # GOG 33767 9834 CLEARWATER FL 33767 1834 GLEARWATER FL 33767 1839 PELSZYNSKI, IRENE T 736 ISLAND WAY # 605 FOGLIETTA, LAURA MARGEAS, JOHN S CLEARWATER FL 736 ISLAND WAY # GLEARWATER FL 601 MARGEAS, TNOULA 337&7 1834 33767 1834 736 ISLAND WAY # S06 CLEARWATER Fl 337&7 1839 JORDAN, A J 736 ISLAND WAY # 703 GRAYDON, YVONNE K 736 ISLAND WAY # THE 604 URBAS, LIERKA THE CLEARWATER FL CLEARWATER FL 736 ISLAND WAY # 505 CLEARWATER FL 337&7 1834 33747 1834 33747 1834 BARGER, SHIRLEY P 735 ISLAFID WAY # 705 SEVEN HUNDRED ISL CONDO ASSN INC AND WAY SEA ISLAND SDUTH 4 CONDO CLEARWATER FL ASE 1 RSSPd INC • 337b7 1834 700 ISLAND WAY 750 ISLAND WAY CLEARWATER FL CLEARWATER FL 33767 t842 33767 1840 DILLON, CHARLES J JR DILLON KATHLEEN A DILLON, CHARLES J DEMP.RS, WILLIAM L , TTO ISLAND WAY #N105 DILLON, KATHLEEN 770 ISLANIi WAY # A N105 DEMARS, CATHERIN'c L 770 ISLAND WAY # N305 CLEARWATER FL 3 7G7 1843 CLEAR9JATfR FL ' CLEARWATER FL ~ 337 &7 1843 33767 1843 TROUTNER, ,LEAN E TROUTNER, MICHAEL W AKSTIN, ELEANORE 770 ISLA D R SMITH, HERBERT S 770 ISLRNO WAY # N304 N WAY # CLEARWATER FL N302 SMITH, PATRICIA E CLEARWATER FL 337&7 1843 337&7 1843 770 ISLAND WAY # N301 CLEP.RWRTER FL 33767 1843 SCHAULER, HELEN M 770 ISLAND WAY # N205 READER, ROCHELLE 770 I A KAiIPRS, VLADAS CLEARWATER FL SLAND WAY # CLEARWATER FL N-204 770 ISLAND WAY # N203 337&7 1843 33767 1843 CLEARWATER FL 33747 1843 • MYERS, LOURDES S 770 ISLAND WAY # N202 77Q~~ISLAND~WAY ~ N201 DILLON, CHARLES DILLON KATHLEEN J A CLEARWATER FL CLEARWATER FL 33767 1843 , 77D ISLAND WAY # N105 33767 1843 CLEARWATER FL ~ 337&7 1843 JOHNSON, GEORGE H 770 ISLAND WAY # N104 OIGGES, KATHERINE L 770 ISLAND W ^ SEA ISLAND NORTH CONCO III CLEARWATER FL 33767 1843 AY # N70 e CLEARWATER FL RSSN INC 770 ISLANB WAY 33767 1843 ~ CLEARWATER FL 33757 1843 CLARKE, WILLIAM G THE CLARKE, KATHLEEN R THE ARFA, CYRUS WALL, ELIZABETH T THE 734 ISLAND WAY # 1205 ARFA, SHERRY 3 736 ISLAND WAY # 1293 WAtt TRUST CLEARWATER FL CLEARWATER Ft 610 ISLAND WAY # 101 33767 1844 33767 1844 CLEARWATER FL 337&7 f400 KNOOP, MARGARET P KNOOP, MICHAEL E PLOUTIS, NICKOLAS A LOWERY DAVID B 610 ISLAND WAY # 105 SAFOS, MARY A 610 ISLAND WAY # t04 , 410 ISLAND WAY # 102 CLEARWATER FL CLEARWATER FL CLEARWATER FL 33767 1900 33767 1904 337&7 1900 IDRIZI, METAT IDRIZI, EMIN5 IDRIZI, ,.METl41' IDRIZI-;s EPIINE IDRIZF, METAT 510 ISLAND CAY 510 ,aI~LANDWAY IDRIZI, EMIHE CLEARWATER L „ CL^E'ARWRTcR FL 510 ISLAND WAY 33767 1901 337b7 1901 CLEARWATER FL 337&7 1901 TARIN, GLEN M TARIN TAMI M THEDDOROU, VIRGINIA LEACH, AL , 520 ISLRND WAY 525 ISLAND WAY CLEARWATER FL LEACH, SACKiE CLEARWATER FL 33767 142 519 ISLAND WAY ~a 33767 1901 C..dARWATER FL 33767 190E PROKES, DONALD R 507 ISLAND WAY GIADLA, ALOJZY AGAP9I, EIIAS CLEARWATER Ft GIADLA WERONKIA 431 ISLAND WAY AGAMI, VICKY 33757 1942 CLEARWATER FL l R6 FLY 33767 1904 C EA lATER 337&7 1904 SHEPPARD, JOHN G JR SHEPPARD, CYNTHIA M MOODY, W DEAN 613 DONOVAN, MARTIN K 619 ISLAND WAY ISLAND WAY CLEARWATER FL 489 ISLAND WAY CLEARWATER FL 3~7bT 1904 CLEARWATER FL 33767 1944 3 37&7 1905 WILSOti, BRADLEY D 665 ISLRND WAY CARDIN, LOIS D THE PATRICK, JOANN CLEARWATER FL 661 ISLAND WAY CLEARWATER FL 495 ISLRND WAY 33747 19D5 33767 1905 CLEARWATER FL 337&7 1945 REYES, LUIS A 455 ISLAND WAY ABDULLAJ, AMZR D REYNOLDS, 3EANNE CLEARWATER FL ABDULLAJ, BAKiJE F b77 ISLAND WAY 671 ISLAND WAY 33767 1905 CLEARWATER FL 33T67W1905 rL 33767 1905 DAM S, JANE 644 ISLAND WAY # 104 ATWELL, RHRMA S 644 ISLAND WAY # 107 GIUFFREDA, EDITH V CLEARWATER Ft CLEARWATER FL GIUFFREDA, ROBERT B 337&7 1946 33767 1906 Y # WA 103 CLEAR TER FL 33767 1906 ALEXIADES, ALEX 444 ISLAND WAY # 101 AUBl7, EILEEN E NINES, CHARLES A JR CLEARWATER FL 444 ISLAND WAY # 105 CLEARWATER FL HIKES, CATHERINE K 33767 190b 33767 1906 444 ISLAND WAY # 142 CLEARWATER FL DA6IOS~ PETER L ,~R+~• rnne~n 644 ISLANG WA 1' # 108 SPRINGER, THEODORE 6} 644 IS AND WAY # 205 CLEARWATER FL SPRINGER, LEAN J CLEARWATER FL 33767 1907 G44 ISLAND WAY # 203 33767 1907 CLEARWATER FL 33767 1907 SCOTT, PATRICIA M 644 ISLAND WAY # 208 GOTTLIEB, SAMUEL H O'NEIL, RICHARD J CLEARWATER FL GOTTLIEB, BERNIGE 644 ISLAND WAY # 304 O'NEIL, MARGARET E 33767 1905 CLEARWATER FL 644 ISLAND WAY # 403 33767 14DS CLEARWATER FL 33757 1909 ROMEO, HARRY ROMEO LYNN SNAPP, GABRIELLE T JANUS, CONSTANYINE , 644 ISLAND WAY # 404 644 ISLAND WAY # CLEARWATER FL 401 JANUS, MARIE B CLEARWATER FL 33767 1909 33767 1409 CLEARWATER FAY # 307 33767 1909 DICKINSON, LILLIAN H G44 ISLAND WAY # 308 WEIHER, DIETMAR WEIHER MARLIS LAMBROS, SOCRATES CLEARWATER FL 33767 1909 , G44 ISLAND WAY # SOi LAMBROS, ELFI 644 ISLAND WAY # 403 CLEARWATER FL CLEARWATER FL 33767 1910 337G7 1910 D'ANGELO, MATTHEW M 644 ISIRND WAY # 405 CLEARWATER FL DDWLING, LESLIE DDWLING, PATRIGIA THE A THE VOVROERIS, GEORGE VOVRDcRIS MARIA 644 ISLAND WAY # 502 , G44 ISLAND WAY # S07 337G7 1910 CLEARWATER FL CLEARWATER FL 33767 1910 337G7 1911 KEANE, ANNE M KEANE JOHN M COLLARD, GHARLES E LAMBROS, ALEX , 644 ISLAND WAY # 505 644 ISLAND WAY # CLEARWATER FL SOS IAMBROS, ILIANA CLEARWATER FL 337G7 1911 G44 ISLAND WAY # SOG 33767 1911 CLERRWATER ~l 33767 9911 SPIROS, JAMES SPIROS FAME C TSAPRA2IS, EURIPI DES SMITH, TUNE A , 644 ISLAND WAY # 607 TSAPRAZIS, HELEN G44 ISLAND WAY # 608 G44 ISLAND WRY # GD4 CLEARWATER FL GLEARWATER FL 33767 1912 CLEARWATER FL 33767 1912 337G7 1912 XANTHOUOAKIS, IRENE 644 ISLAND WAY # fi05 XENAKIS, NIGK HRRTLEY, CLYCE L CLEARWATER FL 644 ISLAND WAY # CLEARWATER FL 703 644 ISLAND WAY # 70G 33767 1912 33767 1913 CLEARWATER FL 337G7 1413 • SILAS, SANE R G44 ISLAND WAY # 705 CLEARWATER FL 33767 1513 RHODES, CHARLOTTE 644 ISLAND WAY # CLEARWATER FL S 707 NASSAR, NADIM A NASSAR, SRLMA K 644 ISLAND WAY # 704 33767 1913 CLERRWATER FL 33767 1913 HAND, GRACE S MG CRSKILI, LYNNE H CASSIDY, JOHN J G60 ISLAND WAY # 206 PLUMH, RODERICK 6G0 ISLAND WAY # 202 CLEARWATER FL CLEARWATER FL BLRNCHARD, MAUREEN 6G0 ISLAND WAY # 205 33767 19t4 33767 1914 CLEARWATER FL 33767 1914 COINV, CDNSTANTINO F G60 ISLAND WRY # 204 MANIAS, GEORGE E SERRA, DARBY C CLEARWATER FL MANIAS, DESPINA 660 ISLAND WAY #2 D3 SERRA, ROSEMARY C G60 ISLAND WAY # 201 33767 1914 CLEARWATER FL L F C EARWATER L 33767 1914 337G7 1914 ENDRES, JAMES C ENDRE5 RUTH M MORGAN, POLLY A THE CEBULA, MERIAM L , G60 ISLAND WAY # 304 6G0 ISLAND WAY # CLEARWATER FL 301 6G0 ISLAND WAY # 306 CLEARWATER FL 33767 1915 CLEARWATER FL 337G7 1916 660 ISLAND WAY # CLEARWATER FL 401 SMITH, MAXINE a~kvtit, ~vrcs~Arv~e ~ STAVITZ, STANLEY ' 33757 1914 660 ISLAND WAY # 4D2 CLEARWATER FL 640 ISLAND WAY # 308 ' 33767 1415 CLEARWATER FL 33757 1916 CEBULA, MIRIAM L 460 ISLAND WAY # 304 BELASCO, HOWARD J THEISEN, CECILIA D CLEARWATER FL BElASCO, JOAN A 660 ISLAND WAY # 347 GGO ISLAND WAY # 407 33767 1916 ' CLEARWATER FL CLEARWATER FL 33767 1817 33767 1915 KOCHER, GERALDINE S 660 ISLAND WAY # 405 HARRINGTON, PATRICZA SHARP, JOHN R JR CLEARWATER FL 460 ISLAND WAY # 502 CLEARWATER FL SHARP, JANE S 33767 1917 337fi7 1917 560 YSLAND WAY # 40U CLEARWATER FL 337fi7 1917 TOOMEY, WILHELMINA M 460 ISLAND WAY # 404 CHEATHAM, DOROTHY P ELSESSER, CHARLES W CLEARWATER FL GGO ISLAND WAY # 508 CLEARWATER FL ELSESSER, BETTY A 33767 1917 33767 1918 540 ISLAND WAY # 507 CLEARWATER FL 33757 191$ WALKER, HAROLD 5 WALKER OLIVIA MC GOLDRICK, LOIS F RADMILL, CONSTANCE , 460 ISLAND WAY # 503 MC GOLDRICK, CHARLES J 560 ISLAND WAY # 504 GGO ISLAND WAY # 504 CLEARWATER FL GLEARWATER FL 33767 1918 GLEARWATER FL 33757 1918 33767 1918 WEISTO, THEODORE 660 ISLRND WAY # J 403 KEIMIG, DOUGLAS E KEIMIG DAWNN M MARINO, PAUL J CLEARWATER FL , 660 ISLAND WAY # GOG 640 ESLAND WAY # 402 CLEARWATER FL 33767 1919 GLEARWATER FL 337fi7 1919 33767 1919 ROTHMANN, HARRY E 450 ISLAND WAY # 607 BURKHARDT, MURIEI fiS0 ISLAND WAY # 703 KELLY, MARY P CLEARWATER FL CLEARWATER FL 460 ISLAND WAY # 704 CLEARWATER FL 337fi7 1920 33767 1920 337fi7 1920 NASSAR, SULEIMAN NASSAR MADELINE K WILLIAMSON, EUGENE D HOLT, JENNIFER A , 660 ISLAND WAY # 705 WILLIAM50N, SFiARON K GGD ISLAND WAY # 708 WEEKS, JOSEPH C JR 540 ISLAND WAY # 801 CLEARWATER FL 33767 1921 CLEARWATER FL ^ CLEARWATER FL 337fi7 19 cl 337fi7 1921 DOOLITTLE, MARY S Gb0 ISLANB WAY # CLEARWATER FL 808 JURS, MARIE G bG0 ISLRND WAY # 807 CLEARWATER FL GADD, ROSEMARY E 560 I5LAN0 WAY # 804 CLEARWATER FL 33767 1422 33767 1922 33757 1922 GALLAGHER, ELLEN 660 ISLANB WAY # P $DS TOTH, EUGENE C 660 ISLAND WAY # 803 KUB%AK, KRIS J 460 ISLAND WAY # 901 CLEARWATER FL 33747 1922 CLEARWATER FL CLEARWATER FL 33767 1922 33767 1923 GUIDA, LUCILLE 460 ISLAND WRY # 903 HIGHTOWER, JAMES G III ARMENTROUT, PAULINE F CLEARWATER FL HIGHTOWER, ANGELA G 650 ISLAND WAY # 907 460 ISLAND WAY # 906 CLEARWATER FL 33757 1923 CLEARWATER FL 33757 1923 33767 1923 BATHGATE, MURIEL 660 ISLAND WAY # V 1001 SVINDLAND, FRYGVE HILLS, SADIE L CLEARWATER FL SVINDLAND, KITTY 660 ISLAND WAY # 908 .660 ISLAND WAY # 1008 33767 1924 CLEARWATER FL CLEARWATER FL 33767 19^e5 MARTINE2, CARMEN 660 ISLAND WAY # Q 1006 MARINEAU, JANICE A `~~"~ STOKES, RACHEL CLEARWATER FL 660 ISLAND WAY # CLEARWATER FL 1005 690 ISLAND WAY # 304 , + 33767 1925 33757 1925 CLEARWATER FL 33767 142b ~ WHITACRE, EUGENE 690 ISLAND WAY # M THE 409 WRIGHT, SHANE F MORRIS, ELSIE CLEARWATER FL 690 ISLAND WAY # CLEARWATER FL 302 MORRIS, CRAIG F 33767 1926 33757 1926 L9C ISLAND WRY # 212 CLEARWATER FL 33767 1926 K0BR2CK, FLORENCE E THE 690 ISLAND WAY # 306 WETLI, CATHERINE M THE WISHNESKI, FRANK G CLEARWATER FL 690 ISLAND WAY # CLEARWATER FL 407 WdSHNESKI, EDITH 33767 1926 33767 1425 640 ISLAND WAY # CLEARWATER FL 211 33767 1926 FOYT, WILLIAM FDYT DORIS BALWINSKI, RICHAR D LOPES, JULIE L , 690 ISLAND WAY # 203 690 ISLAND WAY # CLEARWATER FL 210 690 ISLAND WAY # 309 CLEARWATER FL 33767 1926 CLEARWATER FL 33757 1926 33767 1926 WEEDEN, RICHARD J 690 ISLAND WAY # 209 MOORS, CATHY M MOORS JACKSON G CULHANE, GERALYN D CLEARWATER FL 690 I~LAND WRY 1i 205 b40 ISLAND WAY # CLEARWATER FL 204 33767 1926 CLEARWATER FL 33767 1926 33757 1926 NOLATd, SAMMY NOLATI, GLORIA G THIRON, WIIIdAM 3 699 ISLAND WAY # THE 404 HAMILTON, LEE M 690 ISLAND WAY # 207 CLEARWATER FL HAMILTON, PEARLS 690 ISLAND WAY # K 205 CLEARWATER FL 33757 1926 337b7 1926 CLEARWATER FL 33767 1926 PURDY, GERALD W PURDY ELAYNE J BURKE, KEVIN L CSANYI, CHERYL , 690 ISLAND WAY # 506 590 ISLAND WAY # CLEARWATER FL 505 690 ISLAND WAY # 705 CLEARWATER FL 33767 1927 CLEARWATER FL 33767 1927 33757 1927 EGGIETCN, PETER EGGLETON, PAMELA GILIIES, VERNON D GILLIES DORIS C JENSEN, MARdA C THE 590 ISLAND WAY # 504 , 690 ISLAND WRY # 702 690 ISLAND WAY # CLEARWATER FL 701 CLEARWATER FL 33767 1927 CLEARWATER FL 33767 1927 33767 1927 VAUGHN, LESLIE T VAVGHN ANNA L FLYNN, KEVIN T FEELEY, JOHN J , 690 ISLAND WAY # 705 690 ISLAND WA.Y # CLEARWATER FL 610 FEELEY, JOSEPHINE M CLEARWATER FL 337b7 1927 696 ISLAND WAY 11 CLEARWATER FL 504 33767 1927 33767 ]927 AGHTERHOF, LEE ACHTERHOF RUTH A BRESIC, ROBERT P NRROTZKY, ARCHES S THE , 690 ISLAND WAY # 707 BRESLO, JOAN A 690 ISLAND WAY #C-, 02 690 dSLAND k+AY # CLEARWATER Fl 606 CLEARWATER FL 33767 1927 CLEARWATER FL X3767 1927 33757 1927 TOPCVOGLU: H NECDET 690 ISLAND WAY # 503 KIRKLAND, NORMAN L JR THE 5HCPTAW, DORIS F THE CLEARWATER FL 690 ISLAND WAY # GOS 690 ISLAND WAY # 504 33767 1927 CLEARWATER FL 33767 1927 CLEARWATER FL 33767 1927 BOZZ0M0, LAWRENCE E 640 ISLAND WAY # 502 BEBBINGTON, PHILI P J SR t9ILLER, KR$STEN J CLEARWATER FL BEBBINGTON, DOROT 690 ISLAND WAY # HY H 503 .690 ISLAND WRY # 509 33757 1427 CLEARWATER FL CLEARWATER FL 33767 1927 f ~_J 690~I5LAND~WAY~~# 804 CLEARWATER FL 33767 19^8 HELLAWELL, ROBERT J HELLAWELL, KAREN 690 ISLAND WAY # 806 CLEARWATER FL 33767 1928 SAVITZ, SELIG M SAVITZ, JACQUELINE P fi90 ISLANB WAY # 709 CLEARWATER FL 33767 1928 BUDD, MICHAEL A BUDD, ELIZABETH 690 ISLAND WRY # 90l CLEARWATER FL 33767 1928 URBANIK, STANLEY V URBANIK, NINA M 690 ISLAND WAY # 905 CLEARWATER FL 33767 1928 CHAPMAN, CATHY L 690 ISLAND WAY # 910 CLEARWATER FL 33767 1928 PEER, NORMAN P 640 ISLAND WAY # 1005 CLEARWATER FL 33767 1928 LVEDKE, WILLIAM R 690 ISLAND WAY # 1010 CLEARWATER FL 33767 1929 BATIANIS, ANTHONY G 640 ISLAND WAY # 1103 CLEARWATER FL 33767 1929 WITT, ROBERT E WITT, NAOPII M 690 ISLAND WAY # 1107 CLEARWATER FL 33767 1929 KASHIS, HELEN 690 ISLAND WAY # 1110 CLEARWATER FL 33767 1929 BRIER, RICHARD H BRIER, JUDITH A 340 PALM ISL NE CLEARWATER FL a~nu~~t, WtuYt~t K SCHULTZ, KARL J 690 ISLAND WAY # 803 CLEARWRTER FL 33767 1928 SIEH, BARBARA J 690 ISLAND WAY # 808 CLEARWATER FL 33767 1428 BOKSEN, PHYLIS 690 ISLAND 4PAY # S10 CLEARWATER FL 33767 1928 SARIKAYA, HUSEYIN 590 ISLAND WAY # 903 CLEARWATER FL 33767 f928 ERIGKSON, PETER L ERICKSON, BARBARA F 690 ISLAND WAY # 906 CLEARWATER FL 33767 1428 GALLAGHER, WILLIAM C GALLAGHER, NAUREEN T 690 ISLAND WAY # 411 CLEARWATER FL 33767 1928 ROTWBERGER, LEO M ROTHBERGER, ARLENE M 690 ISLAND WAY # 1006 CLEARWATER FL 33767 1928 JOHNS70N, PATRICIA L 490 ISLAND WAY # 1011 CLEARWATER FL 33767 1929 WERNER, GEORGE THE WERNER, LILLIRN THE 690 ISLAND WAY # 1105 CLEARWATER FL 33767 1929 KIRKLAND, NORMAN L JR THE 690 ISLAND 4!AY # 1108 CLEARWATER FL 33767 1929 LIRISTIS, MINAS b90 ISLAND WAY # 1112 CLEARWATER FL 33767 1929 MARCIL, RICHARD A MARCIL, SP.NDRA E 330 PALM IS NE CLEARWATER FL TORIELLO, GIUSEPPE 7RE 690 ISLAND WAY # 802 CLEARWATER FL 33?G7 1928 ' ANDERSON, JULIE A 690 ISLAND WAY # 710 CLEARWPTER FL 33767 1928 PETERSON, NORMAN P 690 ISLAND WAY # 812 CLEARWATER FL 33767 1928 MILL ER, OENNIS P 15ILLER, CAROL L 690 ISLAND WAY # 904 CLEARWATER FL 33767 1928 MAHONEY, DORIS A MAHONEY, JRCK D 690 ISLAND WAY # 90'c CLEARWATER FL 33767 1928 SHIPP, E B SHIPP, HELEN C 690 ISLAND WAY # 1002 CLEARWATER FL 33767 1928 CHISHOLM, HELEN P 690 ISLAND WAY # 1007 CLEARWATER FL 33767 1929 ANTHONY, KENNETH 1J ANTHONY, MARY V 690 ISLAND WAY # 1141 CLEARWATER FL 33767 1924 5HELHART, WILLIAM E II SHELHART, SUZANNE 690 ISLAND WAY # 1105 CLEARWATER FL 33767 1929 DOLAN, CAROL H 690 ISLAND WAY # ti09 CLEARWATER FL s37G7 1929 HULL, JOHN R HULL, LOIS C 350 PALM ISL NE CLEARWATER FL ~~ 33767 1930 BON DURANT, TOMOKO 310 PP.LP1 ISL NE CLEARWRTER FL 33767 1934 I~ILLCK, KATHLEEN R 380 PALM ISL NE WALTO~, SANDRA~L+ nuZMDSKI, JOHN JR CLEARWATER FL 361 PRLM ISL NE CIRCLE, PAULA S 33767 1930 CLEARWATER FL 371 PALM ISL NE 33767 1931 CLEARWATER FL i 33767 1931 CABRAL, HERBERT C 311 PALM IS NE SCOGGINS, KIRK A CLEARWATER FL SCOGGINS, MELISSA C 470 PALM IS FERGUSON, HUGO S FERGU•-ON, EVELYN M 33767 1931 NE CLEARWATER FL 440 PALM ISL NE 33767 1932 CLEARWATER FL 33767 1932 NOEL, 3ERRY M 420 PALM ISL NE CLEARWATER FL MARCHIANO, FRANK MARCHTANO, KATHLEEN E TRAVNICEK, GARY E 33767 1932 450 PALM ISL NE CLEARWATER FL TRAVNICEK, SANDRA K 430 PALM ISL NE 33767 i932 CLEARWATER FL 33767 1932 WEXLER, FRED S WEXLER, SHARON P LIAKDS, GEORGE LIAKDS DEMET COX, JAMES J THE 460 PALM ISL NE CLEARWATER FL , RA 451 PALM IS NE COX, JOAN M THE 33767 143c CLEARWATER FL 33767 1933 441 PALM ISL NE CLEARWATER FL 33767 1933 JEVTIC, VICTOR JEVTIC, MIHAILO M DEAN, FRANCES dACOBSEN ANNA D 401 PALM ISL NE CLEARWATER FL 411 PRLM ISL NE CLEARWATER FL , 461 PALM ISL NE 33767 1933 33767 7933 CLEARWATER FL 33767 1433 ANDRADE, SY.IPPER ANDRADE, LINDA 4 KULIGOWSKI, JOSEPH M KULIGOWSKI PATRI DAUGHTRY, JAMES E 31 PRLM ISL NE CLEARWATER FL , CIA A 421 PALM ISL NE 210 PALM ISL NW CLEARWATER FL 33767 1933 CLEARWATER FL 33767 1933 337G7 1434 ' HAMILTON, KENNETH G 200 PALM ISL NW CL DAUGHTRY, JAMES E DAUGHTRY CHAR M~ KINNEY, ALMA I EARWATER FL 33767 1934 , LYNN 210 PALM ISL NW 2-= PALM ISL NW CLEARWATER FL • CLEARWATER FL 33767 1934 33767 1934 POULDS, JOHN MUSIAKIEWIC2, BARBARA 234 SENECA, J CONRAD SENECA JURRITA M VAN SLDOTEN, PETER C PALM ISL NW CLEARWATER FL , 211 PALM ISL NW VAN SLOOTEN, SHELBY J ^c 29 PALM ISL NW 33757 1934 CLEARWATER FL 33767 1935 CLEARWATEP. FL 33767 1935 CASE, JAMES R CASE, 1ANICE B ALLBRITTON, DAVID E ALLBRITTON MARY BEI4IRI, VASKO 205 PALM ISL NW CLEARWATER FL , HEIEN 217 PALM ISL NW BEKIRI, PEMBE 337G7 1435 CLEARWATEP. FL 33?67 1935 223 PRLM ISL NW CLEARWATER FL 33767 1935 TSETSEKAS, CHARLES J TSETSEKAS, DEMETRA R BOWERS, WILLIAM T THE BOWERS JOY E~IASON, ROBERT 310 PALM ISL SE CLEARWATER FL , CE V THE 360 PP.LM IS SE ELIASON, DONNA 330 PALM IS 33767 7936 CLEARWATER FL 33747 1936 L SE CLEARWATER FL 33767 1936 PAUL, JASON A 350 PALM ISL SE CLEARWATER FL VENNER, EDWARD F THE VENNER, CATHERINE M THE PETROS, GEORGE H 33767 1936 351 PALM ISL SE CLEARWATER FL PETROS, NANCY J 371 PALM ISL SE 33767 1437 CLEARWPTER FL 33767 1937 CANTRELL, JAMES A III CANTRELL, SHARON M BECKHAM, ROB'cRT F BINGHAM ROBERT D 341 PALM ISL SE CLEARWATER FL BECKHAM, GLORIA J 321 PALM IS SE , BINGHAM, LAMECFA M 3 zz~c~ ~n~~ CLEARWATER FL Gi PRLM ISL SE CLEARWATER FL VJIKVSKY, PATRICIA S 311 PALM ISL SE 331 PALMVISL~~SE ~xlrorvrK, WgLL1S L GLEARWATER FL CLEARWATER FL 33767 t SKINNER, DOROTHY 5 480 PAiM ISL SE 33767 1937 437 CLEARWATER FL 33767 1438 ~ ROPHIE, RALPH ROPHIE, VANESSA STEFRNADI5, GUS p DOUGLAS M TEW 450 PALM ISL SE CLEARWATER FL STEFANADIS, SONJA B 460 PALM ISL 5E , TEW, KATHRYN S 33767 1438 CLEARWATER FL 33767 1938 470 PALM ISL SE GLEARWATER FL 33767 1938 MASLOWSKI, ELBA I 430 PALM ISL SE PARTENHEIMER, HORST CAUSE CORNELIA W CLERRWATER FL 33767 PARTENHEIMER, JOAN E 400 PALM IS SE , 440 PALM ISL SE 1438 GLEARWATER FL CLEARWATER FL 33767 1438 33767 1938 STEBBINS, DIANNE D 7RE 471 PAL PS ISL SE NYSTROM, LIBUSE THE 431 PRLM iSL S TWINING, RIGHARD G TRUST CLEARWATER FL 33767 1934 E CLEARWATER FL FEI # 59-6820838 441 PALM ISL SE 33767 1939 CLEARWATER FL 33767 1934 BROWN, CALVIN A JR BROWN, KAREN A TWINING, RICHARD G TWINING CHERYL DONOVAN, KENNETH K 421 PALM ISL SE CLEARWATER FL , A 441 PALM ISL SE DONOVAN, DOLORES J 411 PALM ISL SE 33767 1939 CLEARWATER FL 33767 1934 GLEARWATER FL 33767 1939 TWINING, RICHARD G TWINING, CHERYL A TWINING, RICHARD G THE SIMONS KEITH 441 PALM ISL SE CLEARWATER FL 441 PALM ISL SE CLEARWATER FL , 40! PALM ISL SE CLEARWATER FL 33757 1439 33767 1939 33767 1439 FERNANDEZ, JOHN D THE FERNANDEZ, LINDA p THE TVRRELL, A ROGER TURRELL CAROL FERNANDEZ, JOHN D 216 PALM ISL SW CLEARWATER FL , M 210 PALM ISL SW , FERNA"tiDEZ, LINDA D 216 PALM ISL SW 33767 1940 CLEARWATER FL 33767 1940 CLEARWATER FL 33767 1940 BEDNARSKI, JERRY A BEDNARSKI, IRENE WATT, SUSAN P 234 PALM ISL S NASCARELLA, PETER M 200 PALM IS SW GLEARWATER FL W CLEARWATER FL 240 PALM ISL SW CLEARWATER FL 33767 1940 33767 1440 33767 1940 SARAN, GARY J BARAN, LINDA D LINGER, JEFF LINGER LISA A WOOD, DIRNNE C • 205 PALM IS SW CLEARWATER FL , 235 PALM IS SW 224 PALM ISL 5W CLEARWATER FL 337fi7 1941 CLEARWATER FL 33767 1441 33767 1441 LOVETT, CARROLL V LOVETT, JOAN W CHACONAS, NICHOLAS VERILLA JOSEPH 223 PALM ISL SU CHACONAS, STEPHANIE H 217 PALM ISL SW , 20t PALM ISL SW CLERRWATER FL 33767 1941 CLEARWATER FL CLEARWATER FL 33767 1941 33767 1941 HOURIGAN, KEVIN HOURIGAN, TAMMIE LOZANOV, BORIS A LOZANOV P CLADAKIS, ANNA 217 PALM IS SW CLEARWATER FL , OLIKSENA 610 ISLAND WAY # ^c 05 610 ISLAND WAY # 303 CLEARWATER FL 33767 1941 CLEARWATER FL 33767 144^c 337fi7 1943 CLADAKIS, ANNA 610 ISLAND WAY # 303 HARTMAN, DEBRA A 610 ISLAAdG WAY TAPINER, CRAIG GLEARWATER FL 33767 1943 # 301 GLEARWATER FL C/0 AMODEO, MARIA 610 ISLAND WRY # 207 33767 7443 CLEARWATER FL ~z~c~ .nne 610 ISLAND WAY # CLEARWATER FL 302 ~'""`rt' ~n~`v R TANNER, BARBARA A utNKrN, eLSit q 61 33767 1943 610 ISLAND WAY # 207 0 ISLAND WAY # CLEARWATER FL 305 ~~ ~ CLEARWATER FL 33767 1943 33767 1944 ~ KASEWICZ, MARGARET A THE 510 ISLAND WAY # 401 HULLER, ANN E AYERE RICHARD C CLEARWATER FL 510 ISLAND WAY # 404 CLEARWATER FL , 610 ISLAND WAY # 403 33767 1944 33757 1945 CLEARWATER FL 33767 1945 SFERRA, MARY S 610 ISLAND WAY # 408 TALLON, NETTLE 510 ISLAND WRY RISTOVSKI, VANGEL CLEARWATER FL # SOS CLEARWATER FL RISTOVSKI, LENA 33757 1945 33757 1945 610 ISLAND WAY # S02 CLEARWATER FL 33767 1946 PITT, JANE 610 ISLAND WAY # 604 STYPLE, AGNES THE 510 ISLAND WAY # SO7 GOLIA, MICHAEL D CLEARWATER FL CLEARWATER FL GOLIA, ZENOVIA G 33757 1947 33757 1947 LY # W 605 CLEAR ATER F 33767 1948 NELSON, ELIZABETH A 610 ISLAND WAY # 507 BRINKER, BERNHARD A SALAZAR, JOSE A CLEARWAY-eR FL BRINKER, ELISABETH L 550 ISLAND WAY # 103 550 ISLAND WAY # lOc^ 33767 1948 CLEARWATER FL CLEARWATER FL 33757 1949 33757 1949 SOBY, DAVID F SOBY WENDY B WALSH, ALBINA M NELSON, NANCY E , 650 ISLAND WAY # 101 650 ISLAND WRY # 203 CLEARWATER FL 650 ISLAND WAY # 2O2 CLEARWATER FL 33767 1451 CLEARWATER FL 33767 1449 33757 1951 BELL, RONALD R 650 ISLAND WAY # 207 MAGLIO, TAMES V MAGLIO MAUREEN T CLAYTON, ROBERT A SR CLEARWATER FL 33767 1952 , 650 ISLAND WAY # 302 CLAYTON, NORMA J 650 ISLAND WAY # 303 CLEARWATER FL CLEARWATER FL 33767 1952 33757 1953 ANIBAL, JOHN D ANIBAL, KATHRYN KARAS, VALORY 0 550 ISLAND WAY # 403 HEARS, RANDY A 650 ISLAND WAY # C EP.RWATER FL 307 CLEARWATER FL 550 ISLAND WAY # CLEARWATER FL 401 Z 3~7G7 1953 33767 1954 33767 1954 MARTINEZ-GARCIA, MANUEL R AR63Z-MUGUERZA, ALICIA M GILLIN, GEORGE H GILLIN RITA J WILKIE, ROBERT C • 650 ISLAND WAY # CLEARWATER FL 308 , 650 ISLAND WRY # 405 GSO ISLAND WAY # CLEARWATER FL 408 33757 '1954 CLEARWATER FL a37G7 1955 33767 1955 DOWNES, THOMAS E DOWNES KATHLEEN SOKOLOFF, VIOLA L THE FLUEGGE, MICHAEL , fi50 ISLP.ND WAY # 404 650 ISLAND WAY # 501 CLEARWATER FL Y.ENT, LEAH CLEARWATER FL 33767 1955 550 ISLAND WAY # 606 33767 1955 CLEARWATER FL 33767 1959 HAMMER, KEVIN 550 ISLAND WAY # 704 BAGLIERI, MARIAN M MANGIA, LEE J CLEARWATER FL 650 ISLAND WAY # 702 CLEARWATER FL MANGIA, DARLENE E 33767 19b0 33767 1960 550 ISLAND WAY # 705 CLEAPWATER FL 33767 1961 SCHWARZ, THEKLA H 650 ISLAND WAY # 707 BROWN, JAMES D THE DEEGAN, JOHN F CLEARWATER FL 550 ISLAND WAY # 804 CLEARWATER FL 550 ISLAND WAY # 803 33757 19Gi 33757 i9G2 CLEARWATER FL 33767 1952 CELGIN~ 6UN5ELI 650 ISLAND WAY # bVTLV, KH111' IKC SOYL'J, RANK THE U1H17VNU 1JLCJ LV ASSN I 7VUV 801 CLEARWATER FL I 650 ISLAND WAY # $02 FL W NG 6fi0 ISLAND WAY 33767 19&2 33767 1962 CLEARI,lf,TER FL 33767 1956 i REID, EDWP.RD 690 ISLAND WRY # 902 S70CK, MARY T STOCK HUGH HOLT, KAREN R CLEARWATER FL 33757 1967 , J 67D ISLAND WAY # c07 G70 ISLAP~D WAY # CLEARWATER FL GOS CLEARWATER FL 33757 1958 38757 1968 GARFIELD, S JEFFREY GARFIELD ELIZABETH ROBc'RTS, JOHN L PATTERSON RUSSE LL J , 670 ISLAND WAY # 504 670 ISLAND WAY # G01 CLEARWATER FL , PATTERSON, VIVIANE CLEARWATER FL 337&7 1958 670 ISLAND WAY # 502 33767 1468 CLEARWATER FL 33767 1958 KECK, GLORIA P 670 ISLAND WAY # 603 HILL, BRUC'e L HILL CYNT I EDLER, JOSEPHINE M THE CLEARWATER FL , H A J 670 ISLAND WAY # 208 G70 ISLAND WRY # 2d5 33767 1968 CLEARWATER FL CLEARWATER FL 33767 1969 337G7 14&9 STRICKLAND, GLORIA STRICKLAND JULIUS E DAVIS, HENRY M MATAR RALPH • , 670 ISLAND WAY # 304 DAMS, CLARETHA M 670 ISLAND WRY # 303 , 670 ESLAND WAY # 302 CLEARWATER FL CLEARWATER FL CLEARWATER FL 33767 1470 33767 1470 33767 1470 ROUNTREE, JAMES C ROUNTREE, MARCIA D WECH5LER, SERGIO WARD JOSEPH l 670 ISLAND WAY # 301 57C ISLAND WAY # 3d0 CLEARWATER FL , G70 ISLAND WRY # 307 CLEARWATER FL 33767 197D CLEARWATER FL 33767 1970 33757 1971 ARNOLD, JEANNE M G7d TSLAND WAY # 308 ORLICKI, CAROL VARGA, ''HOMAS C CLEARWATER FL G70 ISLAND WAY # 401 CLEARWATER FL 670 ISLAND WAY ik q02 33767 7971 337G7 1971 WR~7R FL 33767 PINEIRO, PEDRO PINEIRO, IBIS L THATGHER, ROBERT F THATCHER SUSAN K 4;IMBALL, CHESTER H THE G70 ISLAND WAY # 408 , $70 ISLAND WRY # 500 KIMBALL, JO-ANNE THE GLEARWATER FL CLEARWATER FL G70 ISLAND WAY # 503 33767 1972 337G7 1972 CLEARWATER FL 337G7 1972 MILLER, MRRGY R MILLER 6ETTY L SHEPPARD, JAMES D SMITH, THOMAS W , 670 ISLAND WAY # 407 670 ISLAND WAY # 502 CLEARWATER FL SMITH, JOYCE S • GLEARWATER FL 337G7 1°72 670 ISLAND WAY # 501 33757 1472 CLEARWATER FL 33767 1972 MUESKES, EDWARD W MUESKES VIRGINIA R GLEICHOW5KI, DANIEL E GONZALEZ, ERNESTO P , 670 ISLAND WAY # 508 GIEIGHOWSKI, MARGARET S 670 ISLAND WAY # G40 570 TSLAND WAY # 505 CLEARWATER FL CLEARWATER FL CLEARWATER FL 33757 1973 337&7 1473 33767 1973 GHARDEN, MICHAEL V GHARDEN JANET C MILLER, THOMAS J POWERS, GEORGE J , 570 ISLAND WAY # 504 MILLER, MARIE 670 ISLAND WAY # 7D5 POWERS, ELIZABETH C CLEARWATER FL CLEARWATER FL G70 ISLAND WAY # 701 33767 1973 33767 1475 CLEARWATER FL 337&7 1975 CDPPOLA, ROBERT D COPPOLA LINDA M FURNISS, ELIZABETH 6 PETERMAN, GAIL 0 , fi7D ISLAND WAY # 801 FURNISS, JAMES E 670 ISLAND WAY # 707 .670 ISLAND WAY # 80c CLEARWATER FL LEAt?WATEft FL CLEARWATER FL ~ 33767 197& PARVIN, RERTHA L b70 ISLAND WAY # 800 vv~iu, n,nna r KOURKDULIS, ANGELIKI C MEARS, GARY H NEARS JACQUELINE 0 CLEARWATER FL ' 670 ISLAND WAY # 708 CLEARWATER FL , 670 ISLAND WAY # 803 ~ 337bT 1976 33767 1976 CLEARWATER FL 33757 1976 ~ MARINO, ANTHONY J MARINO IRENE M WARN, JANICE J THE GIVENS BEN D , 670 ISLAND WAY # 804 670 ISLAND WRY # 808 CLEARWATER FL , GYVENS, SHARON K C?EARWP.TER FL 337b7 1977 670 ISLAND WAY # 901 3_767 197 C• CLEARWATER FL 33767 1977 OIXON, CARLOS E DIXON LDI$ R ARIOTTI, BRUNO J MARINO, CARL T , 670 ISLAND WAY # 80fi ARIOTTI, MINA b70 ISLAND WAY # 805 670 ISLAND WAY # 903 CLEARWATER FL 33767 1977 CLEARWATER FL CLEARWATER FL 33757 1977 33767 1977 BECKERMAN, ERIC 5 BECKERMAN JANET L J MYERS, LYNN E WERNER, TERRY A , 670 ISLAND WAY # 906 670 ISLAND WAY # 1001 CLEARWATER FL WERNER, KAREN L CLEARWATER FL 33767 1978 570 ISLAND WAY # 907 337G7 197$ CLEARWATER FL 33767 1978 WUKYE, TIM S 670 ISLAND WAY # 904 BLANKENHORN, CHARLES H HAWKEY, HARRY • CLEARWATER FL BLANKENHORN, R MARIOP; G7G ISLAND WAY # 908 33767 1478 670 ISLAND WAY # 1000 CLEARWATER FL CLEARWATER FL 33767 1975 337r,7 1978 MILLER, GLENN M MILLER, PHYLLIS M MOSS, JAMES W MOSS NEONA M t9ATRAVERS, DEAN A 570 ISLAND WAY # 1005 CLEARWATER FL , b70 ISLAND WAY # 1007 NATRAVERS, BARBARA M 670 ISLAND WAY # 1005 33757 1979 CLEARWATER FL 337b7 1979 CLEARWATER FL 337b7 1979 VAN WINGEROEN, JOHN A VAN WINGERDEN, JOAN M CLARK, SUSAN S THE 670 ISLAND WAY # EVANS, HARLEM P 670 ISLAND WAY # 1004 CLEARWATER FL 1042 CLEARWATER FL EVANS, SHARON R 680 ISLAND WAY # 209 • 33767 1979 33767 1979 CLEARWATER FL 33767 1581 SCHOOLEY, DALE L SCHOOLEY, SHERYI VINCENT, CLARENCE E VINCENT SHARON K BOURANTANIS, DEMYTRIOS 680 ISLAND WAY # 210 CLEARWATER FL , 680 ISLAND WAY # 309 BOURANTANIS, HELEN 680 ISLAND WAY # 409 33767 1981 CLEARWATER FL 337fi7 1982 CLEARWATER FL 33767 1983 BURWELL, ROBERT A BURWEII MERRY J ULGEN, AYTEKIN BLEAKLEY, FREDERICK W , 680 ISLAND WAY # 410 ULGEN NURHAYAT 580 ISLAND WRY # B09 BLEAKLEY, CAROLE J • CLEARWATER FL 33767 1983 CLEARWATER FL 680 ISLAND WAY # 610 CLEARWATER FL 33767 1984 33767 198 NICHOl5, BRUCE H NICHOLS SHERON 0 NICHOLS, BRUG.E JOHNSON, ARVID , 680 ISLAND WAY # 809 CLEARWATER FL NICHOLS:, SHARON G80:s;~i'SLAND WAY # 80S JOHNSON, ANITA U80 ISLAND WAY # 709 33767 1986 CLEARWATER FL "33767 1986 c CLEARWATER FL 33767 1S8G OZDEGER, HUSEYIN H OZDEGER DORIS GOLDSMITH, BARBARA ALBERT, DONALD , 680 ISLAND WAY # 710 680 ISLAND WAY# 910 CLEARWATER FL ALBERT, ROSE A CLEARWATER FL 33757 1989 680 ISLAND WAY # 810 33757 f9EG ~~ CLEARWATER FL 3~7G7 1929 NC DONNELL, JEANNE C THE 6$0 ISLAND WAY # 1009 GROVERT, ROBERT E THE VOULraRIS, APOSTOLOS CLEARWATER Fl GSO YSLAND WRY # 1010 CLEARWATER FL VOULGARIS; ANNIKA 33757 1990 33767 1990 C~~ARWATEREFDR w+L~a n,y ~ JK PDLLARD~ EUNICE K HACKING, G EUWARU 450 ISLAND WAY # G-A W F HACKING, SALLY S 440 ISLAND WRY BOCCI, GLORIA M 4G0 ISLAND WAY # 6A 337G7 21dC L ' ~ CLEARWATER FL CLEARWATER FL 337G7 2100 33767 2100 NERCURI5, KOSTA 200 DOLPHIN PT # 101 C HILlEBOE, CHARLES R HILLEBOE JUDI GOODWIN, GWENDOLINE J LEARWATER FL 337fi7 210i , TH B 200 DOLPHIN PDIHT # 103 200 DOLPHIN PT # 102 CLEARWATER FL CLEARWATER FL 33767 2101 337G7 2101 ~~~~~~~~$~ tax~sau*~* SUCHANAN, VIRGINIA S 200 HEDGES ANNA B 200 DDLPHIN FT # 201 CLEARWATER FL DOLPHIN PT # 203 CLEARWATER FL , 200 DOLPHIN PT # 302 337G7 2101 337b7 2101 CLEARWATER FL 337G7 2102 ALESSANDRINO, FRANK A ALESSANDRINO, PATRICIA A TILLER, CHRIS TILLER KENNEDY, J SCOTT 200 DOLPHIN PT # 401 CLEARWATER FL , ANN 200 DOLPHIN PT # 403 KENNEDY, BEVERLY L 200 DOLPHIN PT 337G7 2102 CLEARWATER FL 33767 2102 # 402 CLEARWATER FL 33767 2102 • GASPERS, CARL A GASPERS, BARBARA J CAVANAUGH, JAMES D CAVANAUGH D STEDkONSKY, GRANT J 200 DOLPHIN FT # 301 CLEARWATER FL , OLORES M 244 DDLPHIN PT STEDRONSKY, JULIE C 33767 21tl2 CLEARWATER FL 337G7 2103 306 WINDWARD IS CLEARWATER FL 337G7 2103 KRA7Z, CHARLES J KRATZ, NANCY A PERRY, MICHAEL J 225 DDLPHIN PT WRIGHT, HER$ERT S 24G DDLPHIN PT CLEARWATER FL # BOS CLEARWATER FL 225 DOLPHIN PT # 302 CLEARWATER FL 33767 2103 33767 2104 337G7 2104 LENZ, JOHN M LENZ, MARGARET M GRAMLEY, RICHARD W GRAMLEY BETTY ATY.INSON, LOUISE B 205 DOLPHIN PT # $ CLEARWATER FL , 205 DOLPHIN POINT # 1 210 DOLPHIN PT # C CLEARWATER FL • 33767 2105 CLEARWATER FL 33767 2105 33767 cc^10G MAC KAY, BRIAN R MAC KAY, CATHI B DOLPHYy APT CONDO CURRY JOHN M 210 DOLPHIN PT # D CLEARW TER FL ASSOCIATION 210 DOLPHIN PT , 210 DOLPHIN POINT RD # B CL A 33767 tOG CLEARWATER FL EARWATER FL 33767 2106 33767 210G ASSAAD, NABIL ASSAAD, SAMIA PHILLIPS, BARBARA W ZUMBAUGH GARY W HINDMAN, JOHN R • 222 DOLPHIN PT CLEARWATER FL , 234 DOLPHIN PT # 5 HIPBDMAN, CARDL 5 234 DOLPHIN PT # 4 33767 2107 CLEARWATER FL 33767 2110 CLEARWATER FL 33767 2110 ISLAND MOORINGS CONDO ASSN INC SAKAYAN, GECRGE G TYLER ELIZABETH L 234 DDLPHIN PT STE 4 CLEAR+~AFER FL SAKAYAN, MELINDA M 234 DDLPHIN PT # 6 , DAMS, RICHARD A 23 33767 2i10 CLEARWATER FL 4 DDLPHIN PT # 3 CLEARWATER FL 337G7 2ti0 33767 2110 POOK, PEACHES POOK, PEACHES BUCLOUS, SAMUEL L 234 DOLPHIN PT # 1 234 DOLPHIN PT # i BUCLDUS, DAISY D CLEARWATER FL CLEA'RW'ATER FL 255 ^OLPHIN PT # 203 33767 2110 ,,::.33767 2110 CLEARWATER FL 337G7 21 i1 WIRSING, MICHAEL FOSTER MICHAEL D RANNO, ^HARIES G WIRSING, ROBIN 255 DOLPHIN POINTE # 212 .255 DOLPHIN PT # 201 255 DOLPHIN POINT # 213 CLEARWATER FL CLEARWATER FL 33767 2111 CLEARWATER FL 337G7 2111 woLFF; sowotta 255 DOLPHIN PT # 208 - `~ STERLING CT~3 inrcoRUtiL 1'i• HtYUnCW I'~ 255 DOLPHIN POINT # 303 CLEARWATER FL i 255 DOLPHIN PT # CLEARWATER FL 301 CLEARWATER FL .~ ~ 33767 2111 33767 2113 33767 2113 BOOKOUT, GARY E BODKOUT, CAROLYN L ANASTOS, LULU 255 DOLPHIN P7 ROBOVICS, MARY 255 DOLPHIN PT # 306 # CLEARWATER FL 314 255 DOLPHIN PT # 313 CLEARWATER FL 33767 2114 CLEARWATER FL 33767 2113 33767 2114 WIGLE, FRANK T WIGLE JIVE I PEARSON, JOHN T PAPPAS, BARBARA , 255 DOLPHIN PT # 309 GOONEY, WILLIAM J 255 DOLPHIN PT # 308 PAPPAS, NICHOLAS CLEARWATER FL CLEARWATER FL 255 DOLPHIN PT # 409 337b7 2114 33767 2114 CLEARWATER FL 33767 2115 CHEUVRONT, DEBORAH S 255 DOLPHIN PT # 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1002 , 255 DOLPHIN pT # 1001 CARLSON, R J LIVING TRUST 255 DOLPHIN PT # 1007 • CLEARWATER FL 33767 2123 CLEARWATER FL CLEARWATER FL 33767 2123 33767 2123 DENTON, DIANNA L SNOW PAMELA G DETHORN, GRADE E BASAK, RAYMOND P , 255 DOLPHIN PT # 1006 255 DOLPHIN PT # CLEARWATER FL 1011 255 DOLPHIN PT # 1009 CLEARWATER FL 33767 2123 33767 2124 CLEARWATER FL 33767 2124 FRY, MICHAEL P FRY DOUGLAS E WEST, RICHARD L EDMUNDS, CAROLE A , 311 ISIANB WAY # 103 311 ISLAND WAY # CLEARWATER FL 101 311 ISLAND WAY # 104 CLEARWATER FL 33767 2127 CLEARWATER FL 33767 2127 33767 2127 BECKER, RUSSELL W 311 ISLAND WAY # 201 BAY ISLAND CONDO ASSN FRY, DOUGLAS E THE CLEARWATER FL iii ISLAND WP.Y # CLEARWATER -L 202 .311 ISLAI.+D WAY # 242 33767 2128 e 337ET 2128 CLEARWATER FL 33767 2123 333 ISLAND WAY # 207 DETERS, CHERYL A y H CLEARWATER FL 333 ISLAND WAY # 204 POUSAKIpTOU, Y Ip 33767 2130 ~ ~ CLEARWATER FL 400 ISLAND WAY # 1709 ' 33747 2130 CLEARWATER FL 33747 2131 RATHMELL, JpHN T BLRKE, JANET D 5HAW, LEROY J 400 ISLAND WAY # 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1409 33747 2131 33767 2131 CLEARWATER FL 33747 2131 PHILLIPS, BARBARA W 400 ISLAND WRY # 103 DEVOL, KENNETH L CLEARWATER FL DEVOL, DAVID 5 WALTON, FLORENCE D FRE 33747 2132 40D ISLAND WAY # 209 CLEARWATER FL 4D0 ISLAND WAY # 203 CLEARWATER FL 33767 2132 33767 2132 DE VYTO, CARMINE M DE VITO, ELIZABETH BLANKENBUR6, IRENE Shl A FRANK 400 ISLAND WAY # 104 CLEARWATER FL 400 ISLAND WAY # 309 CLEARWATER FL ~ , SH~A, PATRICIA A 33767 2132 33767 2132 400 ISLAND WAY # iC5 CLERRWATER FL 33747 213c^ MULRENNRN, JRMES COYLE, PATRICK PURDY, ELAYNE J • 400 YSLAND WAY # 34$ CLEARWATER 400 ISLAND WRY # 207 CLEARWATER FL MERSKIN, DONALD T 40D ISLAND WAY # 1bC• FL 33747 2132 33747 213^c CLEARWATER FL 33747 2132 WHETSTONE, JUDY 400 ISLAND WRY # 102 CLEARWATER FL ALEXIOU, NICHOLAS 6 AlEXEOU, APJTHIE YOUNG, MARY A 33767 2132 400 ISLAND WAY # 202 CLEARWATER FL 400 ISLAND WAY # 304 CLEARWATER FL 33767 2132 33747 2132 ROUSSEAU, FREDERICK J ROUSSEAU, 3EAN A THOMk, LOUIS B 400 ISLAND WAY # 305 CLEARWATER FL JARVIS, TAMARA 400 ISLAND WAY R 505 PETERMAN, 6ISELA M 400 ISLAND WAY # 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CLEARWATER FL 33767 31 ISLAND WAY # 1101 CLEARWATER FL . 2207 33767 2^c 07 • RISLEY, HARRY RISLEY, LILLIAN V WILHELM LEE J WILHELM, EILEEN PETRAS, TAMES 31 ISLAND WAY # 903 CLEARWATER FL 31 ISLAND WAY # 902 PETRAS, MARGARET 31 33767 2207 CLEARWATER Fl ISLAND WAY # 1001 CLEARWATER FL 33767 2207 337G7 2207 PEREZ, MARTIN A 31 ISLAND WAY # 901 DAWSE, JULIA P ZIEL R06ERT R ANTOLAK, RICHARD CLEARWATER FL 337&7 2207 , 31 ISLAND WAY # 1103 31 ISLAND WAY # 1403 CLEARWATER FL CLEARWATER FL 337&7 2207 337GT 2207 WRIGHT, ROBERT J WRYGHT, DO7TIE A BAKKER, NICOlAAS GILKEY MARY L 31 ISLAND WAY # 1102 105 ISLAND WAY # 14T CLEARWATER FL , 31 ISLP.ND WAY # 1503 CLEARWATER FL 337G7 2207 337&7 2210 CLEARWATER FL 337G7 2211 BRCDERICK, RICHARD A BRODERICK, KATHRYN C KAPITZKE, SIEGFRIED PIGKFORD ROBERT C . 31 ISLAND WAY # 1504 CLEARWATER F KARITZKE, OLGA 31 2SLAND WAY # 1506 , PICKFORD, ELIZABETH A 31 I L 33767 2211 CLEARWATER FL SLAND WAY # 1547 CLEARWATER FL 337G7 2211 33767 2211 BIAGKW00D, SANDRA L WOODSIDE, EILEEN E SOUTHER, ELIZABETH THE BRAND EMIIE EST 31 ISLAND WAY # 1503 31 ISLAND WRY # 1508 CLEARWATER FL , 31 ISLAND WAY # 1509 CLEARWATER FL 33767 2211 337G7 2211 CLEARWATER FL 337GT 2211 WILKINSON, MARGARET WILKINSON MARION YUHASE, STEPHEN E HANLEY FRANK A , 31 ISLAND WAY # 1502 YUHASE, VERONICA 31 ISLAND WAY # 1545 , 51 ISLAND WAY # Sit CLEARWATER FL • 33767 2211 CLEARWATER FL CLEARWATER FL 33767 2212 337G7 2211 LAME ADAM C • 51 It;LAND WAY # 210 ANGELIKOUSSI5, EMANUEL HOUSE BRETT J CLEPRWATER FL 5t ISLAND WAY # 301 CLEARWATER FL , 51 ISLAND WAY # 206 337GT 2212 33757 2e12 CLEARWATER FL 337&7 2212 IANGAS, GEORGE W LANGAS, ANGELINE GOMPTON, BLAYR W COMPTON DOLORES D MC GARTHY, MATTHEW S1 ISLAND WAY # 100 CLEARWATER FL , 51 ISLAND WRY # 300 51 ISLAND WAY # 308 CLEARWATER FL 33767 2212 CLEARWATER FL 337&7 2212 33767 2212 ORTIZ, AMADO D ORTIZ, MARIA FREUNO, GERALDINE THE 51 I GARLIVATI, DAVID F 51 ISLAND WAY # 310 SLAND WAY # iil CLEARWATER FL 51 ISLAND WAY # 109 CLEARWATER FL 33767 2212 33767 2212 CLEARWATER FL 33757 2212 COLUCGI, CHRISTINA E 51 ISLAND WAY # 200 WEA7HERIlT, EILEEN M HOHENSTEIN RAMONA L CLEARWATER FL ^ 51 ISLANB WAY # 309 CLEARWATER FL , 51 ISLAND WAY # 103 33767 c 212 33767 2212 CLEARWATER FL 33767 2212 PETRUCCI, JOSEPH 51 ISLAND WAY # 102 DURSHORDWE, WILLIAf". 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EVI 51 I$LANB WAY # 401 51 ISLAND WAY # 501 2 3 CLEARWATER FL CLEARWATER FL 337'67 2213 33767 2213 ; MULLIGAN, EDWARD 51 ISLAND WAY #405 DURSHORDWE, WILLIAM G SS I YIACHOS, CHRISTOS CLEARWATER FL SLANB WAY # 505 CLEARWATER FL YIACHOS, FOTINI 33767 2213 33767 2253 # SG1 WF GLEARWATER L 33757 2213 SULLIVAN, ANDREA 51 ISLAND WAY # 411 MUCHIN, JURY OTTILIE BARBARA L CLEARWATER FL 51 ISLAND WAY # 510 CLEARWATER FL , 51 ISLAND WAY # 502 33767 2213 337G7 2213 CLEARWATER FL 33767 2213 OVERLAND, LORRAINE D 51 ISLAND WAY # 600 DURSHORDWE, WILLIAM G CLARRSDGE SALLY CLEARWATER Fl 51 ISLAND WAY # 505 CLEARWATER FL , 51 ISLAND WAY # 706 33767 2213 33767 2213 CLEARWATER FL 33767 2214 CHOCHOIA, SANDRA M 51 ISLAND WAY # 701 KOONS, JOHN C 51 ISL COFFEY, JOSEPH C CLEARWATER FL AND WAY #704 CLEARWATER FL 51 ISLAND WAY # 70c 33767 2^c14 33Tfi7 2214 CLEARWATER FL ^ 33767 c214 PAYNE, CLARENCE P 51 ISLAND WAY # 704 6ILLIS, THERESA C LYNCH, MARYROSE CLEARWATER FL 51 YSLAND WAY # 705 CLEARWATER FL 51 ISLAND WAY # 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44 34695 5409 DUNEDIN_FL CLEARWATER FL 34696 nw ca, JU:;FH 459 SAN SALVADOR DR COLUCCI, SAM C THE 516 P BADGER PROPERTIES ~ DUNEDIN FL ATRICIA AVE IN FL 5 ESLRND PARK PL # 305 , 34598 34698 DUNEDIN FL 3459$ BADGER PROPERTIES C/0 CARSON, ROGER A SMITH, CLARENCE L THE 622 EDGEWATER DR SMITH, CLARENCE L THE S ISLAND PARK PL # 308 # 621 DUNEDIN FL 622 EDGEWATER DR # 621 DUNEDIN FL 34698 DUNEDIN FL 34698 34695 SMITH, CLARENCE L THE 622 EDGEWATER DR # 621 MC CULLOUGH, CLYDE W JR MC G STROM, PHILLIP D DUNEDIN FL ' ULLOUGH, 1ACUELYN E 1492 FAIRWAY DR 501 SANJOSE DR 3,4:6 S8 DUNEDIN FL DUNEDIN FL 34b9Sc212 34698 3714 SMITH, CLARENCE L THE 622 EDGEWATER GR # 621 SMITH, CLARENCE L SMITH CLARENCE" THE DUNEDIN FL SAVOY, AVIS 622 EDGEWATER DR #621 , 622 EDGEWi9=T'ER GR # 621 ` 34693 6924 DUNEDIN FL DUNEB.IN FL ` 34695 6924 34;6'9%S 6924 • SMITH CLARENCE L SAVOY AVI•S SMITH, CLARENCE THE 622 EDGEW'A'TER DR BRASNEAR, RITA T 622.,EDGEWATER DR # 621 # 621 DUNE°DIN FL 8RASHEAR, WIILIS A DUNEIIIN FL 3'4"b9S 5984 ` 34fi-9S 5924 2205 CREEKSIDE LN FRANKLIN TN 37064 4927 DORE, BETTY B WHITE, DANA THE GEORGE-EDDLEMAN, CLARE 4380 DOUGLAS RD VUILLIOMENET, PAUL R 901 SHADETREE LN OLIVE BRANCH MS VUILLIOMENET, DIANA L KNOXViILE TN 3Sb54 3718 LOCUST CIR W 37922 PROSPECT KY 40059 9234 WAYNE, JUDITH M 203 CORAIBERRY RD EXCHANGOR SERVICES JASON CARL JR LOUISVILLE KY 4809 BARDSTCWN RD LOUISVILLE KY , JASON, CHRISTINE S 40207 =712 40291 Y CT SI GEORGETOWN 4 4D324 4218 TENDER, 30HN W 3145 BLENHEIM WAY FRAKES, DEBORAH L 711 MILL VALLEY FIFTH THIRD BANK NORTHERN - LEXINGTON KY 40503 54b9 TAYLOR MILL KY K cNTUCKY INC THE C/0 COPPAGE DAVID J 41015 2281 , 8100 BURLINGTON PIKE FLORENCE KY 41042 42D3 THOMAS, WARD F THOMAS, RUTH L THOMAS, WARD KING SARA N • 224 MINERVA PL THOMAS, RUTH 224 Ni INERVA PL , KING, RONALD L PADUCAH KY ; PAB.UC'AH KY PO BOX 1441 42001 48b6 ;4;8-0'O1 48Gb PADUCAH KY 42D02 1441 GIBSGN, E EDGAR GIBBON, DIANNE SHULER, GARY L SHULER CHERYL A SPIELBERGER, WERNER 5213 CEMETARY RD BOWLING GREEN KY , 1848 RIDGEBURY DR 1765,2 SMITH RD WINCHESTER OH 42103 9744 HILLIARD OH 43026 8375 43110 BRAHAM, BRIAN G THE BRAVEHEART B S R TRUST MICR, EDWARD J MATTIMOE JOHN G , 1143 NEIL AVE 1 GATEWOOD DR WATERVILLE OH , MATTIMOE, MARGARET M COLUMBUS OH 43555 1071 2624 BARRINGTON DR 43201 3117 - TOLEDO OH 43606 3024 FIRST FIN SVCS GROUP THE UNIZAN FIN SVCS GROUP THE MITCHELL, HERBERT D PO WOHLGEMUTH GARY G ZANE5VIlL~TOH BOX 182b STUBENVILLE OH , WOHLGEMUTH, DARLENE 646 VILLAGE CLUE RD 43952 7826 AA~AMf1RF NIA (IH WHITEHORtd, dAMET~C~~ 8540 HIGHLAND rK1tL, .IHUMAS J 5R FRIEL, THOMAS J JR FRIEL, THOMAS J CT KIRTLAND Ok - 448 LEADER BLDG 448 LEADER BLDG CLEVELAND OH ' 44094 9510 CLEVELAND OH 44114 1900 44114 1400 ~ PETERS, MARSHA 4562 RUSHTON RD CARPENTER, EDWARD L 21651 ED CASEY, THOMAS J THE SOUTH EUCLID OH GECLIFF DR EUCLID OH CASEY, VERONICA THE 44121 4013 4412; 19362 COFFINBERRY BLVD FAIRVIEW PARK OH 44126 1610 NOWYCKYI, ANDREW R C/0 A&E ENTERPRISES KREMCHEK, JOHN K THE LEX HENRY 5340 PEARL RB 6947 CRANBROOK DR BRECKSVILLE OH , LEX, JANICE PARMA OH 44129 1548 44141 2704 163 HAYDEN PKWY HUDSON OH 44236 BEDA, HAROLD EEDA, DOROTHY E GRAZZANI, ALFRED 1017G SPRINGFIELB RD STRATTON, PEGGY E THE 9631 STRUTHERS RD POLANB OH 1279 CRESTVIEW AVE SW ' NEW MIBDIETWN OH 44514 3154 N cW PHILADELPHIA OH 44442 8781 44663 . REMARK, MARIANNE THE 11513 STREAMVIEW AVE OKEY, ARLENE E THE 12 GLYrlN, CHRISTOPHER C UNIONTOWN OH 44G85 8214 AVBURN AVE SE NORTH CANTON OH GLYNN, SUSAN M NDON RD 44709 1188 HAMILTON OH 45013 STRICKLIN, KIMBALL R STRICKLiN, SUZANNE M VOLLMER, JOHN F KRRLL DAVID E 5350 BIBURY RD STOCK MFG S DESIGN CO INC 7619 LAKE POINTS , KRRLL, PENNY D FAIRFIELD OH 45014 3642 MAINEVILLE OH 136 LEXINGTON GR LOVELAND OH 45039 8468 45140 STERN, JAMES D STERN, LAURA B CARDULLIAS, PETER J II 2685 SOUTH RB EBY, BETTY L 3541 RUTH LN CINCINNATI OH CINCINNATI DH fi116 CLEVES WARSAW PIKE CINCINNATI DH • 45211 3305 45233 4314 45233 4507 SCHWARTZ, IDA THE 84G1 NEW ENGLAND CT WILSON, JASON E WILSON LENA BENECCHI, ROY J JR CINCINNATI OH 45236 2091 , R 903 GRAND CYPRESS CT BENECCHI, GAIE A 745 IVY AVE CINCINNATI OH 45245 3334 GLENDRLE OH 4524G 4410 ERVIN, RLFREB W ERVIPI, MARIAN T COPELAND, ASA 0 THE 4774 S RUDY ZFNZIGK FRANGULA THE • PO BDX 215 SOUTH CHARLESTON OH RD TIPP CITY OH 48 W FAERVIEW AVE DAYTON OH 45365 0215 45371 4498 45405 3317 TACKETT, GERALD D JR TACKETT, DEBRA S ANASTASIOU, ELENA THE NELSON JAMES L 5793 S TECUMSEH RD ANASTASIOU, PANAYIOTES E TR 2442 BURNHAi9 WALK , NELSON, PENNY S SPRINGFIELD OH CARMEL IN 6922 RICHWINE CT 45502 87G4 46032 BROWNSBURG IN 46112 3450 KNOWLSON, BOYD A THE KNOWLSON, LINDA B THE POE, FRED C POE JEAN M KINASIEWICZ, LEON E 6955 E CR 425 N BROWNSBURG IN , 9455 E EBGEWOOD AVE KINASIEWICZ, KASHIKO 12988 TANSY ST 46112 8436 INDIANAPOLIS IN 46239 CROWN POINT IN 46307 4766 SMITH, LELAND T SMITH, JO ANN SPURLOCK, JACK D THE 1413 LAMBERT LN RAINWATER, JOHN W 8425 CASTLE BR MUNSTER IN MUNSTER IN RAINWATER; THERESA G 8737 OAKWOOB DR --- .~~ 46321 2714 SAINT JOHN IN GARRETT, KEN GARRETT, DARLENE : 64600 SR 331 ' BREMEN IN 46506 VODDE, LEQ',.:B' 1019;:E1MW00D AVE FDR%T''v'ISAYNE IN 4;bS05 4209 LANCE, HARVEY LANCE, KATHI 812 E MAIN ATTICA IN 47918 1930 MIGHION, NICKOLAS MIGHION, HELEN 626 WELLINGTDN CRESENT ST MOUNT CLEMENS MI 48043 2949 CONCORDE FROPERTIES 1120 E LONG LRKE RD STE 140 TROY MI 48085 4964 ZIEL, ROBERT R ZIEI, MARY C 4156 BRIAN DR BRIGHTON F1I 45114 4209 DEARBORN, CITY OF DEARBORN HOUSING BUREAU 13615 MICHIGAN AVE DEARBORN MI ' 48126 3545 FRANGO, PETER E FRANGO, MARY 17377 SUMMIT DR NORTHVILLE MI 48167 3203 MARROW, BILL 0 • MORROW, BETTY 244 WILLIAMS ST SALINE MY 48176 1549 LANE, SUSAN E 476$1 VISTAS CIR S CANTON MI 4818$ DRUMMOND, DANES A DRUMMOND, SANDRA K 625 HIDDEN LN GROSSE POINTE WODDS MI 48236 1520 SWANSON, RYCHARD L SWANSON, RITA 7499 PEPPER CREEK W BLOOMFIELD MI KELLY, ERNEST W KELLY, JEANNE 1 1$758 LINCOLN HWY E MONROEViLLE IN 4fi773 9794 GROSS, EILEEN 3424 CONTESSA DR FORT WAYNE IN 46$16 MILLER, RENEE M THE 154 S WOODWARD AVE STE 205 BIRMINGHAM MI 48009 6104 MIELKE, RONALD MIELKE, SUSAN M 3fi510 MAIN ST NEW BALTIMORE MI 4$047 2511 SLAZIN, ANNE M 8840 COMMON RD WARREN MI 48093 2311 GOLDSWORTHY, STEVEN E GOIDSWORTHY, LINDA B 4593 HUNTINGTON DR BRIGHTON MY 45115 HARRIS, STAGY B MEADOWS, R08IN 8 22535 SHERIDAN ST DEARBORN MI 48128 1834 PETERS, ROBERT S PETERS, DONNA E C/0 STONE, M L 44600 JOHN ALDEN PLYMOUTH MI 48170 3715 BARBAS, IRENE THE 412 RAVENCREST LN WESTLAND MI 48185 5005 LANE, WESLEY 8 LANE, SUSAN E 47681 VISTAS CIR DR S CANTON MI 48188 1486 PIGOTT, LEO P THE 873 ENGLEWOOD DR ROCHESTER HILLS MI 48309 1068 WOJGIK, TADEUSZ l WOJCIK, ELST_E M 28359 FORESTBROOK DR FARMINGTN HLS MI VODDE, LE4 8 1019 ELM WOOD AVE FT WAYNE IN 46805 4209 TENBROOK, DONALD M TENBROOK, ANITA L 1221 HIGHLAND DR KOKOMO IN 4b902 b173 JOHNSON, AAVID W JOHNSON, ANITA M 31424 OLD CANNON RD BEVERLY HILLS MI 45025 4414 TAORMINA, JULIE L NDWAK, DAVID R 22241 MADISON ST ST CLAER SHRS MI 48081 3725 ADAIR, KATHLEEN THE 74D FLORENCE ANN ARBOR MI 48103 1523 BAXTER, ISABELL THE 1845 HOLLYWOOD ST DEARBORN MI 4$124 4119 GIVAS, GEORGE N GIVAS, CONSTANGE 29643 JACQUELYN ST LIVONIR MI 48154 4444 SRADY, FRANK J JR BRRDY, MICHAEL E 10247 CREEKWOOD CIR PLYMOUTH NI 48170 3825 GILLUM, DONALD H THE 7791 THORNWOOD ST CANTON MI 48187 1032 BRADLEY, BRUCE E THE 837 BERKSHIRE RD GROSSE POINTE MI 48230 1819 PIERCE, FRANK C JR PIERCE, MARIA A 134.07 TWENTY FOUR MILE RD SHELBY TOWNSHIP MI 48315 SANDOVAL, CHRISTIAN R 25583 LIV3NGSTON CIR FARMINGTN HLS MI 48335 1248 KENQERES~ NANCY EY TREE • 35025 H L ~~MUUCN, GtVtKLi H IKt 21420 PARKLANE ST tlLHKCL7, JUJtrH IKt , I LSIDE DR FARMINGTN HLS MI ~ • ~ FARMING'N HLS MI BLAKELY, BARBARA THE 921 WORCHESTER DR 48335 2515 48335 4..18 c , F_NTOPv MI 48430 1816 HARTHEN, DAVID L THE HARTHEN, PAULA K THE WOOD, WILLIAM N SALIMI RABBI 501 HARSEN RD WOOD, JANET R 2565 TYRONE ST , SALIMI, BETTY T LAPEER MI FLINT MI 1057 DYE KREST DR 4844fi 2762 48504 7726 FLINT MI 48532 2225 SALIMI, RABBI SALIMI, BETTY T MC ARDLE, THOMAS H MC ARDLE DOHA F NORDIN, RICHARD 1057 DYE KREST DR , 3610 VALLEY DR NORQIN, SONDRA K FLINT MI MIDLAND MI 700 N JOHNSON ST 48532 2226 48640 6606 BAY CITY MI 48708 6731 HERSHBERGER, MARCO THE 309 ARCHER DR BEADLE, JAMES E TESSIN HAROLD V CLARKSVILLE MI @EADLE, JACQUELINE J PO 80X 381 , TESSIN, PATRICIA E 48815 9789 AUGUSTA MI E PT P M 49012 0381 LAIIJWELL MI 49080 9203 ADAMS, THOMAS C LOREN LEWIS I ADAMS, LINDA L , LOREN NANCY J FITZPATRYCK, THOMAS L 2153 W JCHN BEERS RD , 1780 STEAMBURG RD FITZPATRICK, JUNE H STEVENSVILLE MI HILISDALE MI 3523 EASTERN AVE 45127 49242 2075 DAVENPORT IA 52807 2025 KLOPCIC, RICHARD F ATTN HOPPMAN, MARCIA HURRAY, JOHN N THE PQ BOX 9 FARMERS ~ MERCHANTS BANK PO BOX 7 FT ATKINSON WI CLAYTON WI TRUST THE 1644 LUQINGTON ST 53538 0007 54004 0009 MARINETTE WY 54143 ERICKSON, NEWELL ERICK50N, MARGARET MC ELWAIN, 30HN J MC ELWAIN REGINA BUDDE, ROGER H 485 N FRANKLIN ST MONDOVI Wd , 1249 MCKUSICK ROAD LN N BUDDE, JOYCE A 1004 GOODRICH AVE 54755 1124 STILLWATER MN 55082 ST PAUL MN 55105 3732 MELIN, ROBERT A MELIN JOY F SHAPIRO, RONALD L SMITH FRANK L , 8500 FRANLO RD 11110 2900 THOMAS AVE 5 0 2415 MINNEAPOLIS MH , SMITH, MARIAN T EDEN PRAIRIE MN 55416 4193 1611 6S i/2 AVE NE 55344 3977 MINNEAPOLIS MN 55432 4706 MARYLAND, DANIEL L 332 E CENTRAL ENTRANCE BISHOP, DANIEL L BISHOP PATRICIA M RICHARDSON, BEATRICE THE DULUTH MN SSS11 5514 , 2628 ISLANDVIEW DR DETERS, MARY THE 2000 15TH P.VE SE # 533 ST CLOUD MN 55301 5921 SAINT CLOUD MN Sb304 2428 HARDY, DUANE L HARDY, 80NNIE M DOGAN, ROBERT DOGAN NANCY S , AMORT, DONA_D C 2005 WALNUT ST YANKTON 5D , 25125 W GRASS LAKE RD 712 E CRRBTREE DR ARLINGTON HTS IL 57078 2137 ANTIOCH IL 60002 9759 &0004 2520 JABLDNSKI, EDWARD J THE 4131 PHEASANT TRAIL CT MATHIE, ROBERT G POMPILIO FRANK ARLINGTON HEIGHTS IL MATHIE, MARY L 1281 CARSWELL AVE , POMPILIO, ANGELA 60004 7995 ELK GROVE VLG IL 133 VANCE CT 60007 4661 BARRINGTON IL 60010 1537 COLE, ILENE S THE 975 NORTH AVE BIUNQO, GAETANO TETZKE WILLIAM DEERFIELD IL BIUNDO, BARBARA 554 CASTLEWOOD LN , 9215 N PARKSIDE AVE 50015 2203 DEERFIELD IL DES PLAINcS IL _ 60015 Si31 f,nrt~lro, I7KKbHK L"I 1995 HOWARD AVE MOULTS, STEPHEN F MDULIS RHONDA D MDULIS, STEPHEN a • " DES PLAINES it 60018 3167 , 17 RUSHMORE RD MDULIS, DAVID GOD E GRAND AVE FOX LAKE IL FOX LAKE IL 60D20 1623 60020 1b<i JOHNSON, JERRY V JOHNSON LINDA A VITALS, LINDA J MDULIS, JOSEPH F , 1112 BETTS LN 244 MIGHAEI MANOR GLENVIEW IL MDULIS, DONNA M GLENVI~W IL 60025 4632 3305 4AKDALE AVE MC H 60025 X429 ENRY IL 60050 2553 ' LASKY, SUSAN M MDULIS, DAVID M MDULIS, JAMES M MDULIS SUSAN B MOVLIS, JAMES M 3306 OAKDALE AVE , 3302 ROCKY BEACH RD 3302 ROCKY 8EACH RD MC HENRY IL MC HENRY IL 60050 2558 MC HENRY IL 60050 9659 60050 9669 MDULIS, JAMES M MDULIS, SUSAN B MDULIS, JAMES M 3302 N ROCKY BEACH RD MDULIS, JAMES M 3302 N ROCKY BEACH RD ,- MC„HENRY'IL MDULIS, SUSAN B 3302 ROCKY 8EACH RD MC HENRY Il &0050 9Gb9 G,0~0:50 9Gb9 "~' ~' , MC,:.,H'ENRY YL ~ , ~ ,6!Oi0 5`0 9669 • PRASSINOS, SAM PRASSINOS, ELAINE LIAKOPOULOS, QOYSSEAS LIAKOPOULOS, CHRISTINE WEHOFER, ELLEN T THE 100 S WAPELLA AVE 7844 CHURCH ST MORTON GROVE IL 9005 N ORIOLE 605PECT IL 60053 1626 MORTON GROVE Il 60053 1855 6005 SOLECKI, ROMAN T SOLECKI, EFTERPY PERGANTAS, LOUKAS PERGANTAS NIKI PAPPAS, WILLIAM 3749 TECHNY RD , 2099 POST RD PAPPAS, OLYMPIA 3225 BROOKDALE RD NORTHBROOK Il 60062 NORTHBROOK IL NORTHBROOK IL 600&2 6207 60062 7501 GIOTI, ALEXANDRA 1895 PRESTWICK DR TSENEKOS, WILLIAM C TSENEKOS MARINA DEMOPOULOS, CHRIST PALATINE Il 60067 , 847 PARKWOOD AVE DEMOPOULOS, MARY 840 PARKWOOD AVE PARK RIDGE IL PARK RIDGE IL 60068 2233 60068 2234 GIOTAKIS, WILLIAM GIOTAKIS MARIA NALE, MICHAEL F P C CORD , 2401 VIRGINIA ST NALE, CNRISOULA 305 N DEE RD 355 HOLLOW HILL DR PARK RIDGE IL PARK RIDGE IL WAUCCNDA Il 60084 9794 60068 2252 60068 2816 SOUCY, MIGHAEI S TRUST 1325 FAIRFIELD CT DOUVAS, STAVRCS G HALIMI, NIKAIL • WHEELING IL DOUVAS, EVA S 501 ELMWOOD AVE ALIMOVSKI, KUJTIM 60094 WILMETTE IL 3210 80ERDERIJ WOODSTOCK IL 60091 1973 60096 7683 HRLIMI, INAET 5308 CONCORp DR THECDOS, NICKOLAS REMINIEC, STANLEY THE WOCDSTOCK IL THEODOS, STELLA 1215 HUNTER GT REMINFEC, HELEN M THE 60498 8191 ADDISON IL 2035 WALNUT AVE HANOVER PARK IL 60101 60133 3817 SPAULDING, KEITH J SPAULDING, VALERIE A BARNETT, GLENN 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Island Estates Neighborhood Conservation Overlay District Rezoning ORDINANCE NO. 6980-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND APPLYING THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE EXISTING LOW MEDIUM DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, INSTITUTIONAL AND COMMERCIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF ALL THE LAND IN CLEARWATER HARBOR, KNOWN AS ISLAND ESTATES LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF MEMORIAL CAUSEWAY, LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACTS: (1) ALL OF BLOCK C, AND LOTS 1-3, 7, 9-13, BLOCK D, AND THE WESTERLY 61 FEET OF THE VACATED RIGHT-OF-WAY OF DORY PASSAGE, UNIT 5 ISLAND ESTATES OF CLEARWATER AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (2) BEGIN AT THE MOST EASTERLY CORNER OF LOT 13, BLOCK D OF UNIT 5 ISLAND ESTATES OF CLEARWATER; AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N49°23'41"W, 100.00 FEET; THENCE N04°23'41"W, 71.42 FEET, TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 70.00 FEET, A CHORD BEARING OF N75°47'40"E, A CHORD LENGTH OF 23.86 FEET, 23.98 FEET; THENCE S49°23'41"E, 136.75 FEET; THENCE S08°12'32"E, 81.05 FEET; THENCE S40°36'19"W, 16.63 FEET: THENCE N49°23'41"W, 61.00 FEET TO THE POINT OF BEGINNING; (3) ISLAND YACHT CLUB CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 39, PAGE 74, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (4) THE LAND BOUNDED ON THE NORTH BY DORY PASSAGE, ON THE SOUTH BY WINDWARD PASSAGE, ON THE WEST BY LARBOARD WAY AND ON THE EAST BY ISLAND WAY; PROVIDING AN EFFECTIVE DATE. Text Amendment Creating the Island Estates Neighborhood Conservation Overlay District ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE All public hearings will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. Z 02-03-02 & TA 02-03-02 Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a recorE'c~'"of~t1T~ p'roce~lixrg~ to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including teSfi~n~ •,~ d e e, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at~his h ~'ght to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning and Development Services Director or the City Clerk prior to or during the public hearing. Y(~TJ ARF RF.TNC'T SENT THTS NnTTC'F, TF Y(~Tl ARF. THR APPT,TC'ANT nR OWN PRnPFRTY WTTHTN 5~0 FT. (~F THF. ~~ ..: 1~~ NOTICE OF T~MENDMENT, REZONIN~ APPROVAL OF ISLAND ESTATES NEIGHBORHOOD PLAN NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff; neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote. Schedule of Public Hearings: Tuesday, June 18, 2002 before the Community Development Board, at 2:00 p.m. Thursday, July 18, 2002 before the City Commission (1st Reading), at 6:00 p. Thursday, August 8, 2002 before the City Commission (2nd Reading), at 6:00 p. All public hearings will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola v ntt , arwater, Florida. Z 02-03-02 & TA 02-03-02. The City of Clearwater, Florida, proposes to adopt the following: Island Estates Neighborhood Plan RESOLUTION NO.02-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE ISLAND ESTATES NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. Island Estates Neighborhood Conservation Overlay District Rezoning ORDINANCE NO. 6980-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND APPLYING THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE EXISTING LOW MEDIUM DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, INSTITUTIONAL AND COMMERCIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF ALL THE LAND IN CLEARWATER HARBOR, KNOWN AS ISLAND ESTATES LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF MEMORIAL CAUSEWAY, LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACTS: (1) ALL OF BLOCK C, AND LOTS 1-3, 7, 9-13, BLOCK D, AND THE WESTERLY 61 FEET OF THE VACATED RIGHT-OF-WAY OF DORY PASSAGE, UNIT 5 ISLAND ESTATES OF CLEARWATER AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (2) BEGIN AT THE MOST EASTERLY CORNER OF LOT 13, BLOCK D OF UNIT 5 ISLAND ESTATES OF CLEARWATER; AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N49°23'41"W, 100.00 FEET; THENCE N04°23'41"W, 71.42 FEET, TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 70.00 FEET, A CHORD BEARING OF N75°47'40"E, A CHORD LENGTH OF 23.86 FEET, 23.98 FEET; THENCE S49°23'41"E, 136.75 FEET; THENCE S08°12'32"E, 81.05 FEET; THENCE S40°36'19"W, 16.63 FEET; THENCE N49°23'41"W, 61.00 FEET TO THE POINT OF BEGINNING; (3) ISLAND YACHT CLUB CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 39, PAGE 74, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (4) THE LAND BOUNDED ON THE NORTH BY DORY PASSAGE, ON THE SOUTH BY WINDWARD PASSAGE, ON THE WEST BY LARBOARD WAY AND ON THE EAST BY ISLAND WAY; PROVIDING AN EFFECTIVE DATE. tText:Amendment Creating the Island.Estates Neighborhood Conservation Overlay District ,f _. --- -- -~ ORDINANCE NO. 6981-02 - -- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. ~ ~?l?' r Citizens may appear to be heard or n notice of approval or objection with t~ng Director or the City Clerk prior to or during the public hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT, AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (7271 562-4090. City of Clearwater Cynthia E. Goudeau, CMC P.O. Box 4748 City Clerk Clearwater, F133758-4748 Ad: 06/02/02 FP~~; *PLEASE NOTE T~REVISED CITY COMMISSI MEETING DATES NOTICE OF TEXT AMENDMENT, REZONING AND APPROVAL OF ISLAND ESTATES NEIGHBORHOOD PLAN Schedule of Public Hearings: * Thursday, August 8, 2002 before the City Commission (1st Reading), at 6:00 p.m. * Thursday, August 22, 2002 before the City Commission (2nd Reading), at 6:00 p.m. The City of Clearwater, Florida, proposes to adopt the fol-owing: Island Estates Neighborhood Plan RESOLUTION N0.02-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE ISLAND ESTATES NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. Island Estates Neighborhood Conservation Overlay District Rezoning ORDINANCE NO. 6980-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND APPLYING THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE EXISTING LOW MEDIUM DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, INSTITUTIONAL AND COMMERCIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF ALL THE LAND IN CLEARWATER HARBOR, KNOWN AS ISLAND ESTATES LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF MEMORIAL CAUSEWAY, LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACTS: (1) ALL OF BLOCK C, AND LOTS 1-3, 7, 9-13, BLOCK D, AND THE WESTERLY 61 FEET OF THE VACATED RIGHT-OF-WAY OF DORY PASSAGE, UNIT 5 ISLAND ESTATES OF CLEARWATER AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (2) BEGIN AT THE MOST EASTERLY CORNER OF LOT 13, BLOCK D OF UNIT 5 ISLAND ESTATES OF CLEARWATER; AS RECORDED IN PLAT BOOK 51, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N49°23'41"W, 100.00 FEET; THENCE N04°23'41"W, 71.42 FEET, TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 70.00 FEET, A CHORD BEARING OF N75°47'40"E, A CHORD LENGTH OF 23.86 FEET, 23.98 FEET; THENCE S49°23'41"E, 136.75 FEET; THENCE S08°12'32"E, 81.05 FEET; THENCE S40°36'19"W, 16.63 FEET; THENCE N49°23'41"W, 61.00 FEET TO THE POINT OF BEGINNING; (3) ISLAND YACHT CLUB CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 39, PAGE 74, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (4) THE LAND BOUNDED ON THE NORTH BY DORY PASSAGE, ON THE SOUTH BY WINDWARD PASSAGE, ON THE WEST BY LARBOARD WAY AND ON THE EAST BY ISLAND WAY; PROVIDING AN EFFECTIVE DATE. ext Amendment Creating_ the Island Estates Neighborhood.Conserwation Overlay District ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE All public hearings will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. Z 02-03-02 & TA 02-03-02 Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning and Development Services Director or the City Clerk prior to or during the public hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 Cynthia E. Goudeau, CMC City Clerk Ad: 07/14/02 & 07/28/02 & 08/11/02 • • Returned Ballot N W E '~is~t-t~~ ~~. y ,,J~ g 1~ T --- 99~'ATEa~`~~ .Clearwater Cit Commission Y Agenda Cover Memorandum ~orksession Item #: Final Agenda Item # Meeting Date: 08-08-02 SUBJECT/RECOMMENDATION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code to establish the Neighborhood Conservation Overlay District for Island Estates and PASS Ordinance No. 6981-02 on first reading. ^ and that the appropriate officials be authorized to execute same. SUMMARY: This is one of three companion items relating to Island Estates: neighborhood plan, text amendments and rezoning. Ordinance No. 6981-02 proposes to create a section of Division 16 in Article 2 of the Community Development Code that would contain the requirements of the Island Estates Neighborhood Conservation Overlay District. The regulations in this District would only apply to property located within the residential and institutional areas of the Island Estates neighborhood. The remaining provisions of the Community Development Code will govern any issue not specifically addressed in the Overlay District. All proposed amendments implement goals and objectives contained in the Island Estates Neighborhood Plan. A summary of the provisions are as follows: • A purpose statement is included, as well as a description of the jurisdictional boundaries of the IENCOD and how the IENCOD relates to the underlying zoning districts and other code requirements. This section also requires that any development requesting flexibility must be consistent with the Island Estates Neighborhood Plan. • Permitted uses and dimensional standards for single-family areas are specified in the IENCOD. Requirements are presented in the same format as used in the other zoning districts (e.g. charts listing minimum standard, flexible standard and flexible development uses and requirements.) Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and De to e t ^ Approved Budget N/A Gina L. Clayton Total ^ Approved with Conditions Purchasing N/A User Department: ^ Denied Risk Mgmt. N/A Planning Current Fiscal Year ^ Continued to: IS N/A Funding Source: ACM N/A ^ Capitallmprovement: Other N/A Advertised: ^ Operating: Date: ^ other: Attachments: Paper: Planning Dept. Staff Report Submitted ^ Not Required Appropriation Code Ordinance No. 6981-02 by: Affected Parties ^ Notified City Manager ^ Not Required ^ None ~•J Printed on recycled paper • • Additional provisions for the single-family areas are as follows: • o Parking on landscaped areas shall be prohibited; o Fences shall not exceed 6 feet in height in the side yard and all fences in the rear yard shall benon- opaque (see-through); o Use of gravel, stones, cinders and other similar material in any yard shall be prohibited; and o The storage of commercial fishing and crabbing equipment outdoors shall be prohibited. • Provisions for the multi-family areas are as follows: o Parking on landscaped areas shall be prohibited; o All boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of--way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of--way line in multi-family areas if onsite to actively conduct business on the premises; o Fences shall not exceed 6 feet in height in the side yard and all fences in the rear yard shall be non- opaque (see-through); o Use of gravel, stones, cinders and other similar material in any yard shall be prohibited; o Twenty-five percent (25%) of the front yard shall be landscaped; and o The storage of commercial fishing and crabbing equipment outdoors shall be prohibited. • Provision for the Institutional area is as follows: o Use of gravel, stones, cinders and other similar material in any yard shall be prohibited and twenty- five percent (25%) of the front yard shall be landscaped. • The proposed text amendments are consistent with the Island Estates Neighborhood Plan, the Clearwater Comprehensive Plan and Community Development Code. • The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on July 17, 2001 and recommended approval by a vote of 4-3. 2 y • CDB Meeting Date: June 18, 2001 Case Number: TA 02-03-02 Agenda Item: D_2 • CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6981-02 INITIATED BY: Island Estates Neighborhood and Planning Department BACKGROUND INFORMATION: Pursuant to Section 4-608 of the Community Development Code, the Island Estates neighborhood submitted an application and the required petition to initiate the Neighborhood Conservation Overlay District (NCOD) planning process in December 2000. At the April 19, 2001 meeting the City Commission approved the application. Between September 2001 and February 2002 the steering committee, in conjunction with the Planning Department, held a total of seven (7) public meetings with the neighborhood to develop the Island Estates Neighborhood Plan. The Plan focuses on neighborhood strengths and weaknesses and includes goals and objectives to address those issues. Furthermore, the Plan includes an implementation section, which supports applying a NCOD as an overlay district in addition to the neighborhood's existing zoning. This overlay district would apply development standards in addition to those required by the underlying zoning districts. The items proposed in the Neighborhood Plan for development regulation were put to a vote in the neighborhood. One owner for each real property in the NCOD boundary was mailed a ballot on March 13, 2002. The ballots were to be returned to the Planning Department or postmarked by April 5, 2002. Nearly 66% of the ballots were returned (421 returned out of 641 mailed.) On April 25, 2002 the ballots were tallied at City Hall. The ballot package and the ballot tally are attached. 1 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • ANALYSIS: Proposed Ordinance No. 6981-02 creates the Island Estates Neighborhood Conservation Overlay District (IENCOD), which contains amendments that are specific to the Island Estates neighborhood. Ballot items that received at least 51 % of the received votes in favor of the regulation are included in the attached ordinance. Below please find a description of each proposed amendment. 1. Purpose, Jurisdictional Boundaries and Relationship to Underlying Districts. The general purpose of the proposed IENCOD is to ensure that infill and redevelopment activities are consistent with the protection of the existing established character of Island Estates and to protect the health, safety and welfare of the neighborhood. All of the proposed development standards are intended to preserve the unique characteristics of the Island Estates neighborhood and maintain its stability. The proposed IENCOD will govern most of the property located on land known as Island Estates, lying northerly of the northerly right of way line of Memorial Causeway between the mainland and Clearwater Beach. The attached ballot package includes a map that illustrates the boundaries of the IENCOD. The proposed IENCOD provides regulations in addition to those required by the existing zoning districts. Any issue that is not addressed by this overlay district will be governed by the remaining provisions of the Community Development Code. The overlay district is not intended to totally replace the existing districts nor the balance of the Code. There are a limited number of provisions unique for Island Estates and all other development regulations in the Code will still apply to the neighborhood. 2. Permitted Uses and Dimensional Standards in the Island Estates Neighborhood Conservation Overlay District. The permitted uses and dimensional requirements of the proposed IENCOD are organized in the same format as used in all of the other zoning districts. Allowable uses are permitted as minimum development, flexible standard development and/or flexible development. Existing legally permitted uses and structures generally will be grandfathered when the following development regulations are enacted. A. Permitted Uses (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, permitted uses shall be restricted to single-family dwellings (including community residential homes with up to 6 residents) and infrastructure/utility installations. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional 2 S:\i'lanning Department\NCOD\ISLAND ESTATES\resohition and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • areas zoned UIENCOD permitted uses are governed by the underlying districts instead of the IENCOD. The proposed use requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Objective b : Enforce existing zoning in order to prevent commercial uses in Goa14 residential areas. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- family use. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. B. Minimum Lot Size (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, the minimum lot size shall be 7,500 square feet, as opposed to 5,000 square feet required in the current regulations for LMDR districts. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD minimum lot size requirements shall remain consistent with the current City of Clearwater Community Development Code. The proposed lot size requirement of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective a: Establish minimum lot sizes consistent with the deed restriction. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- family use. 3 S:\Planning Depai7ment\NCOD\[SLAND ESTATES\resokrtion and ordinances\Text Amendment\lE TA Staff Report.doc TA 02-03-02 • Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. C. Building Setbacks (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building setbacks for principal structures shall be: Front setback: 25 feet Side setback: 7.5 feet Rear setback: 15 feet (non-waterfront) 25 feet (waterfront) - If adjacent structures on either side of the lot are setback 20 feet, then the minimum rear setback shall be 20 feet. In single-family areas zoned LMDR/IENCOD, building setbacks for accessory structures, including screen pool enclosures shall be: Side setback: 5 feet Rear setback: 10 feet Current regulations are similar, with the exception that the current side setbacks for principal structures in the LMDR District are set at 5 feet rather than 7.5 feet. Throughout the Community Development Code, side setback requirements for principal and accessory structures in any given zoning district are the same. The proposed ordinance deviates from this pattern because of the results of the neighborhood vote. In this instance, Ballot Items 4 and 6 both proposed extending side yard setbacks from 5 feet to 7.5 feet. However, the neighborhood advocated the larger side yard setback for principal structures in Item 4, but did not advocate the larger side setback for accessory structures in Item 6. Item 4 received 51.6% approval and Item 6 received 47.2% approval. Because of the inconsistency with the current format of the Community Development Code, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the proposed ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; 2) Adopt the ordinance without any provisions fora 7.5-foot side setback for either principal or accessory structures. This option would set the side setback at the current requirement of 5 feet for both principal and accessory strictures; or 3) Adopt the ordinance with the addition of the 7.5-foot side setback for accessory structures in addition to principal strictures. This option would 4 S:\Planning Department\NCOD\[SLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • require the side setback for both principal and accessory structures to be 7.5 feet. The Planning Department recommends option 3 for several reasons. First, the pattern is established in the Community Development Code that side setbacks are the same for principal and accessory structures in any given zoning district. Second, the administration of a regulation that deviates from the City's current format may lead to confusion and inconsistency. Finally, because the principal structure is seen from the street and is generally the most dominant structure on a site, the side setback for the principal structure generally affects the character of the neighborhood more than the side setback of accessory structures. Because the proposed regulation for side setback at 7.5 feet for principal structures was approved by the neighborhood, the side setback for accessory structures should be the same, 7.5 feet. In addition, any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD building setbacks shall remain consistent with the current City of Clearwater Community Development Code. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 2: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and strictures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective d: Require elevated pools to be in compliance with setbacks established for principal structures in order to prevent the blocking of views, to maintain openness in rear setbacks, to preserve consistent appearance in waterfront yards and to control building bulk. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective b: Establish setback requirements consistent with deed restrictions. 5 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. Objective e: Development and redevelopment must be consistent wit11 the goals and objectives of the Island Estates Neighborhood Plan. D. Building Height (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building height shall be limited to 30- feet above base flood elevation. This proposed regulation does not deviate from the current building height requirement of the LMDR District. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, building height shall be governed by the underlying zoning districts. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective c: Maintain current city regulations on home heights. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. E. Parking on Private Propert~(pp. 9 & 10 of ordinance) The first proposed parking regulation is that in single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, parking on any landscaped area shall be prohibited. Currently, Code Section 3-1407A.4 allows one designated parking space on the grass in a required front setback adjacent to the driveway located on the property. These proposed requirements of the IENCOD would not permit such a space in the Island Estates neighborhood. The protection of the existing neighborhood character is the central concern of Island Estates residents. The possibility of vehicles parking on landscaped areas would detract from this neighborhood, which has well maintained and attractively landscaped properties. The second proposed parking regulation applies to the multi-family areas. In multi- family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial 6 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\fE TA Staff Report.doc TA 02-03-02 • • vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of--way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of--way line if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of--way line. Existing Code Section 3-1407 is very similar to this proposal. However, it does allow boats or commercial vehicles measuring less than twenty (20) feet in length to be parked in the front. setback. In addition, City Code Section 3-1407 limits temporary parking for loading unloading and cleaning to twenty-four hours, two times per month. Island Estates residents are sensitive to the fact that many residents have boats or recreational vehicles or other equipment that may need to be parked in the front yard on a temporary basis. The neighborhood is suggesting that such vehicles be permitted to park in the driveway for no more than four (4) consecutive days no more than twice a month. This regulation is another instance where the results of the neighborhood vote somewhat conflict. The parking restrictions for certain vehicles (all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles) were approved for multi- family areas in Ballot Item 12, but were not approved for single-family areas in Ballot Item 11. Item 11 received 50.8% approval and Item 12 received 52.3% approval. Approving this new regulation for one part of the neighborhood, but not for the other may lead to an inequity. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; 2) Adopt the ordinance without any new provisions for parking in the front setback. This option would defer the parking restrictions to the existing code, which allows boats and commercial vehicles not exceeding 20 feet in length to be parked in the front setback. 3) Adopt the ordinance with the addition of the parking requirements for single- family areas in addition to multi-family areas. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain this character throughout the entire neighborhood. Third, 7 S:\Planning Department\NCOD\[SLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 10 on the ballot, which prohibits parking on landscaped areas, demonstrate that the neighborhood supports stricter parking regulations. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective m: Promote the enforcement of the prohibition of parking on grassy medians and cul-de-sacs. Objective o: Prohibit permanent parking of boats, trailers and recreational vehicles outside of garages. F. Fences (pp. 9,10, & 11 of ordinance) In single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. In addition, all fences between the rear building setback line and the seawall shall be non-opaque (see-through.) These are current regulations in the Community Development Code but have been called out as being specifically important to the residents of Island Estates. In addition to these regulations, there are two fence regulations that were not supported by the neighborhood vote. The neighborhood did not support Ballot Item 13 that would have required all fences to be restricted from the front yard. The neighborhood also did not support Ballot Item 15, which required fences in the rear yard for waterfront properties to be limited to 3 feet (or 4 feet for yards with pools.) The provisions of Ballot Item 15 are already in the current City fence regulations; therefore, properties will have to comply with this regulation even though it is not included in this proposed ordinance. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. 8 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text AmendmentUE TA Staff Report.doc TA 02-03-02 • • Goal 4: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective a: Maintain existing height limitation for all fences. Goa15: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. G. Landscaping (pp. 9,10 & 11 of ordinance) The first proposed regulation for landscaping is that in single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. There are currently no regulations regarding the use of gravel, stones, or cinders for landscaping. The second proposed regulation for landscaping is that in the multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, 25% of the area between any portion of the principal structure and any right-of--way line shall be landscaped. The Community Development Code has Impervious Surface Ratio requirements for all properties in the City. However, the requirement for percentage of landscaping would be unique to Island Estates. The Land Development Code in effect prior to the current code included a similar minimum landscaping percentage as proposed in the IENCOD provisions. This regulation is another instance where there seems to be a conflict in how the neighborhood voted. The third instance of inconsistency includes Ballot Ite>ns 19 and 20. The landscaping requirement for a certain percentage of the front yard to be landscaped was approved for multi-family areas in Item 20, but was not approved for single-family areas in Item 19. Item 19 received 48.7% approval and Item 20 received 51.9% approval. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; 9 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • 2) Adopt the ordinance without the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option would remove the requirement for multi-family areas. 3) Adopt the ordinance with the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option requires 35% of the front yard in single-family areas to be landscaped and 25% of the front yard in multi-family areas to be landscaped. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain the character of the entire neighborhood -not just segments of the neighborhood. Third, keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 18 on the ballot, which prohibits gravel or stone yards, demonstrates that the neighborhood supports more and better landscaping standards. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 4: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective f: Prohibit new gravel, rock or cinder yards in order to maintain a landscaped appearance throughout the neighborhood, as well as ensure proper drainage within the neighborhood. Objective g: Maintain certain percentage of vegetated landscaping in front yards in order to preserve a landscaped appearance throughout the neighborhood. Goa15: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. 10 S:\Planning Department\NCOD\ISLAND ESTATES\rresolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • H. Outdoor Storage (pp. 9 & 10 of ordinance) The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. Per City Code Section 3-1502 G., outdoor storage is generally prohibited on residential lots. Island Estates residents have chosen to specify fishing and crabbing equipment as prohibited types of outdoor storage. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goal 2: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Objective b: Restrict the docking of commercial boats and the storage of commercial fishing and/or crabbing equipment on residential waterfront property in order to preserve the residential character of those areas. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. 3. Compliance with Proposed Development Standards All new construction must be in compliance with the provisions of the Island Estates Neighborhood Conservation Overlay District. Any existing legally permitted use, lot size, setback, building height, fence, and landscaping in accordance with the development standards set forth in the overlay district will be considered a legal nonconforming use and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Any vehicle parked in violation of the standards established in the overlay district (parked on landscaped areas or specific vehicles parked outside of a garage), and any commercial fishing and crabbing equipment stored in violation of the standards (stored on residential property) shall not be considered a legal nonconforming use and must comply with the overlay district requirements. 11 S:\Planning Department\NCOD\ISLAND ESTATES\resohrtion and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below please find a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy 2.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development andJor planned developments that are compatible. The proposed IENCOD is an innovative concept that was specifically created to ensure neighborhood preservation. The provisions included in the proposed IENCOD require that infill and redevelopment is consistent and compatible with the existing character of the Island Estates neighborhood. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments create the development standards for the Island Estates Neighborhood Conservation Overlay District. The proposed amendments are consistent with the following purposes of the Code. Section 1-103.A. - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; 12 S:\Plamiing Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Section 1-103.B.2. - It is the purpose of this Community Development Code to create value for its citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; Section 1-103.E.2. - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; Section 1-103.E.3. - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; and Section 1-103E.8. - Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments will provide the residents of Island Estates additional development standards that will protect the character of the neighborhood. The IENCOD will require development to be consistent with existing development patterns and property maintenance standards consistent with prevailing neighborhood standards. The Planning Department recommends APPROVAL of Ordinance No. 6981-02 that revises the Community Development Code and establishes the Island Estates Neighborhood Conservation Overlay District, with the following additions and revisions: 1. Revise minimum side setback for accessory structures from 5 feet to 7.5 feet. 2. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. 13 S:\Planning Department\NCOD\ISLAND ESTATES~~esolution and ordinances\Text Amendment\[E TA Staff Report.doc TA 02-03-02 Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. 3. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, 35% of the area between any portion of the principal structure and any right-of- way line shall be landscaped. Prepared by: Lochen Wood ATTACHMENT: Proposed Ordinance No. 6981-02 Ballot Package Ballot Tally 14 S:\Planning Department\NCODUSLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • March 13, 2002 Dear Island Estates Property Owner, In May 2001, the Island Estates neighborhood began planning for a Neighborhood Conservation Overlay District (NCOD). The purpose of the NCOD is to preserve and enhance the character of the neighborhood and ensure that any new development is consistent with the existing character of Island Estates. Through a series of public meetings, the residents of Island Estates developed a neighborhood plan as well as a list of development and property maintenance regulations designed to protect the health, safety, welfare and quality of life of the neighborhood. One of the final steps in the Island Estates NCOD planning process is a neighborhood poll to determine the proposed development and property maintenance regulations. The results of the vote will be provided to the Community Development Board and the City Commission for consideration when reviewing the proposed regulations. Development standards with support of at least fifty-one (51) percent of the votes cast will be forwarded for consideration. Please refer to the enclosed "Comparison of Proposed Island Estates NCOD Regulations and the City Development Code" for information about the proposed changes. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards in the overlay district will be considered a legal nonconformity and nzay continue to exist and be maintained as allowed by the Clearwater Community Development Code. Enclosed with this letter you will find: 1. A reference map distinguishing the single-family areas from the multi-family areas (p. 2); 2. A table comparing the proposed regulations to the existing City Community Development Code (pp.3-4); 3. A two-sided ballot with proposed development regulations on which to vote (pp. 5-6); and 4. Aself-addressed, postage-paid envelope for ballot return. Ballots are being sent to property owners of each real property as listed on the Property Appraiser's tax roll. One vote per property will be tallied. This is a line-item vote and each item will be tallied separately. Vote either "FOR" or "AGAINST" in response to each issue. Make a mark in the box directly below the choice you have selected. The most appropriate marks would be an "X," a check mark or filling in of the box. Appropriate examples: ® ~ S Votes must be marked clearly. If votes are not marked clearly or if there are marks in more than one box for each issue, no vote will be tallied for that item. If an item is left unanswered on a ballot, no vote will be tallied for that item, but all other eligible marked votes will be counted for that ballot. Place the completed ballot in the enclosed self-addressed, postage-paid envelope labeled "ISLAND ESTATES BALLOT." Seal the envelope and mail it to the City of Clearwater Planning Department. Ballots returned that are not enclosed in this provided envelope will not be counted. No copies of ballots will be accepted. The ballot must be returned or postmarked on or before April 5, 2002. • • The results will be available on May 1, 2002. Please contact the City of Clearwater Planning Department at 727-562-4539 or look online at "http://www.clearwater-fl.com" for results. Please direct questions to Lochen Wood, Planner, at 727-562-4539 or Gina Clayton, Long Range Planning Manager, at 727-562-4587. Thank you for your participation in the Island Estates Neighborhood Plan. Sincerely, City of Clearwater, Planning Department Island Estates NCOD Residental Areas ~] Single-family Areas Multi-family Areas Not in NCOD ~~ ii ~ ~~- :~ ~, ~Y;~.1,_~~_ `r 1 ,{ I~ql ~ !~ __.___ 1 ~ ll + I-_ u . ~ ~~_. a;: ,, ,~ i To Memorial Causeway N W E S COMPARISON OF PROPOSED I D ESTATES NCOD REGULATIONS & TITY DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dutnpster or trash containers not screened in accordance with the development standards set forth in the overlay district will Ue considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Single-family dwellings (including community Ballot Item 1 -Permitted Uses Single-family dwellings (including community residential homes with up to 6 residents), utility/ residential homes with up to 6 residents) and infrastructure facilities, attached dwellings, for Single Family Areas utility/infrastructure facilities. schools, non-residential off-street parking, and narks and recreation facilities. Ballot Item 2 -Minimum Lot 7,500 sf 5,000 sf Size for Sin le Famil Areas Building Setbacks for Single- family Areas Principal Structures Ballot Item 3 -Front 25' 25' Ballot Item 4 -Side 7.5' S' Ballot item 5 -Rear non-waterfront - 15' non-waterfront - 15' waterfront - 25' - if adjacent structures are set at waterfront - 25' - if adjacent structures are set at 20', then re uired setback is 20'. 20', then required setback is 20'. rlccessor Structw•es ~ (including pool enclosures) Ballot Item 6 -Side 7.5' S' Ballot Item 7 -Rear 10' 10' Any pool exceeding 1' in height above grade shall Ballot Item 8 -Elevated Pools comply with the required rear setback for the Same requirement -through policy principal structure. Ballot Item 9 -Building Height 30' above the base flood elevation 30' above the base flood elevation for Sin le-Famil Areas Ballot Item 10 -Parking on Parking on any landscaped area shall be Allows 1 car to be parked on lawn next to Landscaped Areas for All Areas prohibited. driveway. Ballot Item 1 ] -Parking of Certain Vehicles for Single- family Areas Ballot ltem l2 -Parking of Certain Vehicles for Multi- family Areas All boats, personal watercraft, recreation vehicles, Boats in excess of 20 ft, hauling trailers, recreational trailers, commercial vehicles, race cars, dune buggies, vehicles, travel trailers, motor homes, camping trailers, farm equipment, go karts, ATV's or other similar semi-trailer trucks, any commercial vehicle (in excess vehicles shall be required to be parked in a earaQe The of 20 ft length, 7 ft width, or seven ft height), race cars, temporary parking of such vehicles outside of a garage dune buggies, farm equipment, go karts, ATVs, or shall be permitted for no more than four (4) other similar vehicles shall not be parked within anv consecutive days no more than twice a month. re~c uired front setback. Commercial vehicles during the Commercial vehicles may be parked outside of garages actual performance of a service at the premises is if onsite to actively conduct business on the premises. allowed. Loading/unloading/ cleaning of vehicles Parking of personal automobiles and motorcycles allowed provided completed with 6 hours twice a shall be permitted outside of the gm•age ir: a driveway. month. All boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar Boats in excess of 20 ft, hauling trailers, recreational vehicles shall be prohibited to be parked between any vehicles, travel trailers, motor Domes, camping trailers, portion of the principal structure and anv right-of-way semi-trailer trucks, any commercial vehicle (in excess line. The temporary parking of such vehicles within of 20 ft length, 7 ft width, or seven ft height), race cars, the front setback shall be permitted for no more than dune buggies, farm equipment, go karts, ATVs, or four (4) consecutive days no more than twice a month. other similar vehicles shall not be parked with in any Commercial vehicles may be parked between any re~c uired front setback. Conunercial vehicles during the portion of the principal structure and any right-of--way actual perfom~ance of a service at the premises is line, if onsite to actively conduct business on the allowed. Loading/unloading/ cleaning of vehicles premises. Pm•/cing of personal automobiles and allowed provided completed with 6 hours twice a motorcycles shall be permitted between a~ay portiai of month. the principal structure and any right-of-tivay line in a paved parking area. COMPARISON OF PROPOSED I D ESTATES NCOD REGULATIONS & T ITY DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Fences for All Areas Ballot Item 13 -Front Fences All fences shall be prohibited between any portion of Allows 3' fences in front and corner side yards. the principal structure and any right-of--way line. Fences shall not exceed 6 feet in height between any Allows fences in the side yard up to 6 feet in Ballot Item 14 -Side Fences portion of the principal structure and any side lot line. height. For waterfront properties, fences shall not exceed 3 Fences in the rear yards abutting the water must feet in height between the rear building setback line not exceed 3' in height or 4' in height if enclosing Ballot Item 15 -Rear Fences and the seawall. if the fence encloses a pool, it may be a pool. Fence in rear yards not abutting the water 4 feet in height. may be up to 6' in height. All fences between the rear building setback line and Fences in the rear yards abutting the water must Ballot Item 16 -Rear Fences the seawall shall be non-opaque (see-through.) be non-opaque (see-through.) All trash containers, dumpsters and mechanical equipment shall be screened from the rights-of--way, adjacent property and the water. Provision shall apply All dumpsters and mechanical equipment shall be Ballot Item 17 -Screening for to new construction. If improvements are made to any screened from rights-of--way and adjacent all Areas structure exceeding 50% of the value appraised by the Pinellas County Property Appraiser's Office, then the Property. screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Use of gravel, stones, cinders and other similar Ballot Item 18 -Landscaping for material in any yard shall be prohibited unless All yards not covered with a building shall be all Areas included as an integral, but minor, element of a landscaped with grass or other ground cover. landscaping plan. Ballot Ttem l9 -Landscaping In the single-family areas, 35% of the area No landscaping requirement as such. 65°/, of Coverage For Single-family between any portion of the principal structure and entire lot maybe covered with impervious Areas any right-of--way line shall be landsca ed. surfaces (building, pavement, pool area, etc.) In the multi-family areas, 25% of the area No landscaping requirement as such. 75%-85% Ballot Item 20 -Landscaping between any portion of the principal structure and of entire lot may be covered with impervious Coverage For Multi-family Areas an right-of--way line shall be landscaped. surfaces (building, avement, pool area, etc.) Ballot Item 21 -Minimum In single-family areas, the minimum rental period City code does not regulate, however, the Rental Periods for Single-family shall be 90 days. Countywide Rules of the Pinellas Planning Areas Council im oses 30 day minimum. Outdoor storage is prohibited nor may goods and The storage of commercial fishing and crabbing materials be stored in any manner which is visible Ballot Item 22 -Outdoor equipment shall be prohibited on any residential from the public right-of--way or from abutting Storage for all Areas properties. Equipment, materials or furnishings property. not designed for outdoor use may not be stored outdoors. Deviations from Code requirements for at-grade structures and/or the expansion of existing non- Review and approval for certain uses and/or conforming side and/or rear setbacks may be deviations related to dimensional requirements for approved through a flexible standard approval accessory and primary structures may be Ballot item 23 -Deviations for process. Flexible standard approval includes a reviewed and approved through a flexible all Areas recommendation by the City Development standard development (approved by staff). Review Committee and final decision by the Certain uses and dimensional requirements Community Development Coordinator. All other require review and approval by the Community deviations must be approved by the Community Development Board (flexible development). Development Board at a public hearing. • Island Estates NCOD Regulations Ballot page 1 of 2 1 In single-family areas, permitted uses shall be restricted to single-family dwellings FOR AGAINST (including community residential homes with up to 6 residents) and infrastructure/utility installations. 2 FOR AGAINST In single-family areas, the minimum lot size shall be 7,500 square feet. 3 FOR AGAINST In single-family areas, front building setbacks for principal structures shall be ^ ^ 25 feet. 4 FOR AGAINST In single-family areas, side building setbacks for principal structures shall be ^ ^ 7.5 feet. 5 In single-family areas, rear building setbacks for principal structures shall be FOR AGAINST 15 feet for non-waterfront lots and 25 feet for waterfront lots. If adjacent structures n on either side of a waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. g FOR AGAINST In single-family areas, side building setbacks for accessory structures, including ^ ^ screened pool enclosures shall be 7.5 feet. 7 ~ FOR AGAINST In single-family areas, rear building setbacks for accessory structures, including fE e ^ ^ ,cE. s shall be i0 screened pool enclosur ~ g FOR AGAINST Any pool exceeding 1 .foot in height above grade shall comply with the required ^ ^ rear setback for the principal structure. g FOR AGAINST In single-family areas, building height shall be limited to 30 feet above base flood ~ ^ elevation. 10 _ FOR AGAINST Parking on any landscaped area shall be prohibited. 11 In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. 12 In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (Please turn over to tinisn voting) Island Estates NCOD Regulations Ballot • page 2 of 2 13 FOR AGAINST All fences shall be prohibited between any portion of the principal structure and ^ ^ any right-of--way line. 14 FOR AGAINST Fences shall not exceed 6 feet in height between any portion of the principal ^ ^ structure and any side lot line. 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear FOR AGAINST building setback line and the seawall. If the fence encloses a pool, it may be 4 feet in height. 16 FOR AGAINST All fences between the rear building setback line and the seawall shall be non- ^ ^ opaque (see-through.) 17 All trash containers, dumpsters and mechanical equipment shall be screened from FOR AGAINST the rights-of-way, adjacent property and the water. Provision shall apply to new ^ ^ construction. If improvements are made to any structure exceeding .50% 'of 'the value appraised by the Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and `trash containers 'must be brought into compliance. -__ 18 Use of gravel, stones, cinders and other similar material in any yard' shall be FOR A AIN prohibited unless, included as 'an integral, but minor, element of a landscaping ^ plan. ` FOR AGAINST 19 In single-family ;areas, 35% of the area between any portion of the principal ^ ^ structure and any.. right-of-way. line shall be landscaped. 20 ~ FOR AGAINST In multi-family areas, 25% of the area between any portion of the principal ^ ^ structure and any right-of-way line shall be landscaped. 21 FOR AGAINST In single-family areas, the minimum rental period shall be 90 days. ^ 22 FOR AGAINST The storage of commercial fishing and crabbing equipment shall be prohibited on ^ ^ any residential property. 23 Deviations for at-grade structures and/or the expansion of existing non-conforming FOR AGAINST side and/or rear setbacks may be approved through a flexible standard approval ^ ^ process. Flexible standard approval includes a recommendation by the City Development Review Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (End of ballot) Upon completion, place this ballot in the self-address, postage-paid envelope labeled "Island Estates Ballot" and return if to the City of Clearwater Planning Department. Mailed ba/lots must be postmarked by April 5, 2002. • • Island Estates Ballot Total Tally Total Votes Total Votes No Vote Total Votes Percent __ Percent Cast For Against For A ainst Cast It 1 In single-family areas, permitted uses shall be restricted to single-family dwellings (including em community residential homes with up to 6 residents) and infrastructurelutility installations. 225 192 4 417 54.0% 46.0% Item 2 In sin le-famil areas, the minimum lot size shall be 7,500 s uare feet. 223 193 5 416 53.6% 46.4% Item 3 In sin le-famil areas, front buildin setbacks for rinci al structures shall be 25 feet. 238 175 8 413 57.6% 42.4% Item 4 In single-family areas, side building setbacks foeprincipal-structures shall be 7.5 feet. 215. 202 5 417 51:6% 48:4% In single-family areas, rear building setbacks for principal structures shall be 15 feet for non- Item 5 waterfront lots and 25 feet for waterfront lots. If adjacent structures on either side of a 218 197 6 415 52.5% 47.5% waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. Item 6 ~ In single-family areas, side building setbacks for accessory structures, including screened 197 220 4 ': 4.17.. 47:2% 52.8% ool enclosures shall be 7.5 feet Item 7 In single-family areas, rear building setbacks for accessory structures, including screened 235 181 5 416 56.5% 43.5% ool enclosures shall be 10 feet. Item 8 Any pool exceeding 1 foot in height above grade shall comply with the required rear setback 217 197 7 414 52.4% 47.6% for the rinci al structure. Item 9 In single-family areas, building height shall be limited to 30 feet above base flood elevation. 225 192 4 417 54.0% 46.0% Item 10 Parkin on an landsca ed area shall be rohibited. 237 181 3 418 56.7% 43.3% In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside Item 11 of a garage shall be permitted for no more than four (4) consecutive days no more than 213 206 2 419 50.8% 49.2% twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right- of-way line. The temporary parking of such vehicles within the front setback shall be Item 12 permitted for no more than four (4) consecutive days no more than twice a month. 218 199 4 417 52.3% 47.7% Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles. shall be permitted between any portion of the principal structure and any right-of-way line. • Total Totial Total Island Estates Ballot Total Tally (cont.) Votes Votes No Vote Votes Percent Percent Cast For Against For A ainst Cast _ Jt 13 All fences shall. be ;prohibited between any portion. of the principal-structure and any right-of- ~ 73 " < em wa line. - ~" , . ~ 242 6 ' 415 41.7% ` 58.3% It 14 Fences shall not exceed 6 feet in height between any portion of the principal structure and em an side lot line. 218 200 3 418 52.2% 47.8% Item 15 For waterfront properties, fences shall not exceed 3 feet `in height between the rear :building 210 ' ' 207 4 4 setback line and the seawall. If the'fence"encloses a pool; it may be 4 feet in height. _: ,, 41 T 50. % 49:6% Item 16 All fences between the rear building setback line and the seawall shall be non-opaque (see- throu h. 214 200 7 414 51.7% 48.3% ' All trash containers, dumpsters and mechanical equipment shall be screened from the"rights "' ' of-way, adjacent propeity and the water. Provisiori shall apply to new constriction. If ' Item 17 "` improvements are made to any structure exceeding 50% of the value. appraised by the 209 208' 4 417 50.1% 49.9% Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and trashcontainers must be brought into compliance. Item 18 Use of gravel, stones, cinders and other similar material in any yard shall be prohibited 216 202 3 418 ° 51.7 /0 ° 48.3 /° unless included as an inte ral but minor element of a landsca in Ian. Item 19 In single-family areas, 35% of the area between any portion of the principal structure and 203 . 214 4 417 o 48.7 /0 0 51 3 /o an ri ht-of-wa line shall be landsca ed. . Item 20 In multi-family areas, 25% of the area between any portion of the principal structure and 217 201 3 418 51.9% 48.1 an ri ht-of-wa line shall be landsca ed. #tem 21 Insin" le-famil , areas the .minirraim rental eriod shall be:90" da s. 1'99 221 1` 420 47.4% `52.6% Item 22 The storage of commercial fishing and crabbing equipment shall be prohibited on any 232 186 3 418 55.5% 44.5% residential roe Deviations'for at-grade structures and/or the expansion of existing non-conforming side and/or rear setbacks may be approved through a flexible standard approval process. Item 23 Flexible standard approval includes a recommendation by the City. Development Review 202 213 6:. 415 48::7% ~ 51'.3% Committee and finaldecisionby the Community Development Coordinator. All other ,. . deviations must be approved byahe_Community Development Board ata pubiic'hearing. _ ' . Setback items that :could be paired Parking items that could be paired Landscapign items that could be paired Items"that did not receive 51% or-more of the`-vote and are nofpaired with another'item, Total ballots 641 Total ballots not returned 220 Total ballots returned 421 Percentage returned 65.7% S:1Planning Department\NCOD\Island Estates\ballot • ORDINANCE NO. 6981-02 • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Ord 6981- 02.doc Ordinance No. 6981-02 • Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island Estates Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1602 Island Estates Neighborhood Conservation Overlay District. A. Intent and Purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on August 8 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neighborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. B. Jurisdictional Boundaries. The Island Estates Neighborhood Conservation Overlay District (IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor, known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway, less and except the following described tracts: (1) All of Block C, and Lots 1-3, 7, 9-13, Block D, and the westerly 61 feet of the vacated right-of-way of Dory Passage, Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas Count Florida; U Begin at the most easterly corner of Lot 13, Block D of Unit 5 Island Estates of Clearwater; as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; thence N49°23'41 "W, 100.00 feet; thence N04°23'41 "W, 71.42 feet, to a point on a curve to the left; thence along the arc of said curve, having a radius of 70.00 feet, a chord bearing of N75°47'40"E, a chord length of 23.86 feet 23.98 feet• thence S49°23'41"E 136.75 feet• thence S08°12'32"E 81.05 feet• thence S40°36'19"W 16.63 feet' thence N49°23'41"W 61.00 feet to the Point of Beginning; (3) Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of the Public Records of Pinellas County, Florida; (4) the land bounded on the north by Dory Passage, on the south by Windward Passage, on the west by Larboard Way and on the east by Island Way. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Island Estates Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. Ordinance No. 6981-02 • • D. Minimum standard development for areas zoned LMDR/IENCOD. The following uses are Level One permitted uses in the LMDR/IENCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1601(D). "LMDR/IENCOD" Minimum Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. ft. 7 Parkin Front Side Rear 2 Accessory pools and screen enclosures 5 10 Community Residential Homes (up to 7,500 50 25 7_5 15 30 2/unit 6 residents) Detached Dwellings 7,500 50 25 7_5 15 30 2/unit (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in the LMDR/IENCOD District should be 25 feet except as provided in Article 3. Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. Ordinance No. 6981-02 ~_ • • E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Standard Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. (ft.) (1) Parkin Front Side Rear 2 Detached 500 7 50 15-25 7_5 5 - 15 30 2/unit Dwellings , Residential Infill / 25 15 7 3 5 15 5 30 2/unit ' n/a n a - . - - Pro ect 3 Utility/ Infrastructure n/a n/a 25 10 15 n/a n/a Facilities (4) (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Anypool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill protects are guidelines and may be varied based on the criteria specified in Section 2-1602.E.2. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 1. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: i. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; ii. The reduction in front setback will not adversely affect adjacent property values; Ordinance No. 6981-02 • • .. iii. The reduction in front setback is consistent with neighborhood character; iv. The reduction in front setback results in an efficient house layout. c. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or ii. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible; or iii. The reduction in rear setback results in an efficient house layout; and iv. The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adjacent properties. 2. Residenfial infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; Ordinance No. 6981-02 • g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neyhborhood; c. No above ground structures are located adjacent to a street right-of-way_ and d. Any above ground structure other than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above around structure. F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LM DR/IENCOD" Flexible Development Min. Lot Min. Lot Max. Min. Off- Use Area s . ft. Width f~ Min. Setbacks (ft.) Height ft. 1 Street Parkin Front Side Rear 2 Detached 4,500 - 25 - 50 15 - 25 3 - 7.5 5 - 15 30 2/unit Dwellings Residential Infill 7,500 n/a n/a 10 - 25 0 - 7.5 0 - 15 30 1/unit Pro'ect 3 (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. Ordinance No. 6981-02 • • (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9, Section 3-904 and except where adiacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 7. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling of less than 7,500 square feet is an existing lot or a lot size of less than 7,500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size ratio of the structures to be developed on the lot is not more than ten percent greater than the average volume to lot size ratio of all existing structures located on the same local street and within a 700 feet radius of the lot; d. Front setback: i. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; ii. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the ri hq t=of- way; iii. The reduction in front setback will not adversely affect adiacent property values; e. Rear setback: i. The reduction ~in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; ii. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or Ordinance No. 6981-02 • • iii. The reduction in rear setback will result in an efficient house layout. f. Side setback: The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residentiallnfill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six L) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill~proiect will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional development standards for single-family areas zoned LMDR/IENCOD 1. Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area; 2. Fences. Ordinance No. 6981-02 • • .~ a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear buildinq setback line and the seawall shall be non-opaque (see-through); 3. Landscaping Requirements. Use of gravel stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan; and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H. Additional development standards for multi-family areas zoned MDR/IENCOD, MHDR/IENCOD. HDR/IENCOD and C/IENCOD. 1. Parking. a. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. b. All boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of--way line. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear buildinq setback line and the seawall shall be non-opaque (see-through.) Ordinance No. 6981-02 .~ • 3. Landscaping Requirements. n a. Use of gravel stones cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscapin pct Ian. b. Twenty-five percent (2b%) of the area between any portion of the principal structure and any right-of-way line shall be landscaped. 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. 1. Additional development standards for areas zoned I/IENCOD. 1. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. Section 2. This ordinance shall take effect on September 9, 2002. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. 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At the April 19, 2001 meeting the City Commission approved the application. Between September 2001 and February 2002 the steering committee, in conjunction with the Planning Department, held a total of seven (7) public meetings with the neighborhood to develop the Island Estates Neighborhood Plan. The Plan focuses on neighborhood strengths and weaknesses and includes goals and objectives to address those issues. Furthermore, the Plan includes an implementation section, which supports applying a NCOD as an overlay district in addition to the neighborhood's existing zoning. This overlay district would apply development standards in addition to those required by the underlying zoning districts. The items proposed in the Neighborhood Plan for development regulation were put to a vote in the neighborhood. One owner for each real property in the NCOD boundary was mailed a ballot on March 13, 2002. The ballots were to be returned to the Planning Department or postmarked by April 5, 2002. Nearly 66% of the ballots were returned (421 returned out of 641 mailed.) On Apri125, 2002 the ballots were tallied at City Hall. The ballot package and the ballot tally are attached. r r- 1 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 t 1 #Y • • ANALYSIS: Proposed Ordinance No. 6981-02 creates the Island Estates Neighborhood Conservation Overlay District (IENCOD), which contains amendments that are specific to the Island Estates neighborhood. Ballot items that received at least 51% of the received votes in favor of the regulation are included in the attached ordinance. Below please find a description of each proposed amendment. 1. Purpose, Jurisdictional Boundaries and Relationship to Underlying Districts. The general purpose of the proposed IENCOD is to ensure that infill and redevelopment activities are consistent with the protection of the existing established character of Island Estates and to protect the health, safety and welfare of the neighborhood. All of the proposed development standards are intended to preserve the unique characteristics of the Island Estates neighborhood and maintain its stability. The proposed IENCOD will govern most of the property located on land known as Island Estates, lying northerly of the northerly right of way line of Memorial Causeway between the mainland and Clearwater Beach. The attached ballot package includes a map that illustrates the boundaries of the IENCOD. The proposed IENCOD provides regulations in addition to those required by the existing zoning districts. Any issue that is not addressed by this overlay district will be governed by the remaining provisions of the Community Development Code. The overlay district is not intended to totally replace the existing districts nor the balance of the Code. There are a limited number of provisions unique for Island Estates and all other development regulations in the Code will still apply to the neighborhood. 2. Permitted Uses and Dimensional Standards in the Island Estates Neighborhood Conservation Overlay District. The permitted uses and dimensional requirements of the proposed IENCOD are organized in the same format as used in all of the other zoning districts. Allowable uses are permitted as minimum development, flexible standard development and/or flexible development. Existing legally permitted uses and structures generally will be grandfathered when the following development regulations are enacted. A. Permitted Uses (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, permitted uses shall be restricted to single-family dwellings (including community residential homes with up to 6 residents) and infrastructure/utility installations. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional 2 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 1 • • areas zoned UIENCOD permitted uses are governed by the underlying districts instead of the IENCOD. The proposed use requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Objective b : Enforce existing zoning in order to prevent commercial uses in of Goa14 residential areas. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. B. Minimum Lot Size (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, the minimum lot size shall be 7,500 square feet, as opposed to 5,000 square feet required in the current regulations for LMDR districts. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned I/IENCOD minimum lot size requirements shall remain consistent with the current City of Clearwater Community Development Code. The proposed lot size requirement of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective a: Establish minimum lot sizes consistent with the deed restriction. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. 3 S:\Planning DepartmentWCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 i ~ ' 'i. • • 1 Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. C. Building Setbacks (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building setbacks for principal structures shall be: Front setback: 25 feet Side setback: 7.5 feet Rear setback: 15 feet (non-waterfront) 25 feet (waterfront) - If adjacent structures on either side of the lot are setback 20 feet, then the minimum rear setback shall be 20 feet. In single-family areas zoned LMDR/IENCOD, building setbacks for accessory structures, including screen pool enclosures shall be: Side setback: 5 feet Rear setback: 10 feet Current regulations are similar, with the exception that the current side setbacks for principal structures in the LMDR District are set at 5 feet rather than 7.5 feet. Throughout the Community Development Code, side setback requirements for principal and accessory structures in any given zoning district are the same. The proposed ordinance deviates from this pattern because of the results of the neighborhood vote. In this instance, Ballot Items 4 and 6 both proposed extending side yard setbacks from 5 feet to 7.5 feet. However, the neighborhood advocated the larger side yard setback for pri~zcipal structures in Item 4, but did not advocate the larger side setback for accessory structures in Item 6. Item 4 received 51.6% approval and Item 6 received 47.2% approval. Because of the inconsistency with the current format of the Community Development Code, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the proposed ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; 2) Adopt the ordinance without any provisions fora 7.5-foot side setback for either principal or accessory structures. This option would set the side setback at the current requirement of 5 feet for both principal and accessory structures; or 3) Adopt the ordinance with the addition of the 7.5-foot side setback for accessory structures in addition to principal structures. This option would 4 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 ., .' , ~~'~~ require the side setback for both principal and accessory structures to be 7.5 feet. The Planning Department recommends option 3 for several reasons. First, the pattern is established in the Community Development Code that side setbacks are the same for principal and accessory structures in any given zoning district. Second, the administration of a regulation that deviates from the City's current format may lead to confusion and inconsistency. Finally, because the principal structure is seen from the street and is generally the most dominant structure on a site, the side setback for the principal structure generally affects the character of the neighborhood more than the side setback of accessory structures. Because the proposed regulation for side setback at 7.5 feet for principal structures was approved by the neighborhood, the side setback for accessory structures should be the same, 7.5 feet. In addition, any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD building setbacks shall remain consistent with the current City of Clearwater Community Development Code. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Goal 4: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective d: Require elevated pools to be in compliance with setbacks established for principal structures in order to prevent the blocking of views, to maintain openness in rear setbacks, to preserve consistent appearance in waterfront yards and to control building bulk. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective b: Establish setback requirements consistent with deed restrictions. 5 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\tE TA Staff Report.doc TA 02-03-02 • • Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. D. Building Height (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building height shall be limited to 30- feet above base flood elevation. This proposed regulation does not deviate from the current building height requirement of the LMDR District. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, building height shall be governed by the underlying zoning districts. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa15: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective c: Maintain current city regulations on home heights. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. E. Parking on Private Property (pp. 9 & 10 of ordinance) The first proposed parking regulation is that in single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, parking on any landscaped area shall be prohibited. Currently, Code Section 3-1407A.4 allows one designated parking space on the grass in a required front setback adjacent to the driveway located on the property. These proposed requirements of the IENCOD would not permit such a space in the Island Estates neighborhood. The protection of the existing neighborhood character is the central concern of Island Estates residents. The possibility of vehicles parking on landscaped areas would detract from this neighborhood, which has well maintained and attractively landscaped properties. The second proposed parking regulation applies to the multi-family areas. In multi- family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial 6 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of--way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of--way line if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of--way line. Existing Code Section 3-1407 is very similar to this proposal. However, it does allow boats or commercial vehicles measuring less than twenty (20) feet in length to be parked in the front setback. In addition, City Code Section 3-1407 limits temporary parking for loading unloading and cleaning to six hours, two times per month. Island Estates residents are sensitive to the fact that many residents have boats or recreational vehicles or other equipment that may need to be parked in the front yard on a temporary basis. The neighborhood is suggesting that such vehicles be permitted to park in the driveway for no more than four (4) consecutive days no more than twice a month. This regulation is another instance where the results of the neighborhood vote somewhat conflict. The parking restrictions for certain vehicles (all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles) were approved for multi- family areas in Ballot Item 12, but were not approved for single-family areas in Ballot Item 11. Item 11 received 50.8% approval and Item 12 received 52.3% approval. Approving this new regulation for one part of the neighborhood, but not for the other may lead to an inequity. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51% of the neighborhood vote; 2) Adopt the ordinance without any new provisions for parking in the front setback. This option would defer the parking restrictions to the existing code, which allows boats and commercial vehicles not exceeding 20 feet in length to be parked in the front setback. 3) Adopt the ordinance with the addition of the parking requirements for single- family areas in addition to multi-family areas. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain this character throughout the entire neighborhood. Third, 7 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 10 on the ballot, which prohibits parking on landscaped areas, demonstrate that the neighborhood supports stricter parking regulations. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective m: Promote the enforcement of the prohibition of parking on grassy medians and cul-de-sacs. Objective o: Prohibit permanent parking of boats, trailers and recreational vehicles outside of garages. F. Fences (pp. 9,10, & 11 of ordinance) In single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. In addition, all fences between the rear building setback line and the seawall shall be non-opaque (see-through.) These are current regulations in the Community Development Code but have been called out as being specifically important to the residents of Island Estates. In addition to these regulations, there are two fence regulations that were not supported by the neighborhood vote. The neighborhood did not support Ballot Item 13 that would have required all fences to be restricted from the front yard. The neighborhood also did not support Ballot Item 15, which required fences in the rear yard for waterfront properties to be limited to 3 feet (or 4 feet for yards with pools.) The provisions of Ballot Item 15 are already in the current City fence regulations; therefore, properties will have to comply with this regulation even though it is not included in this proposed ordinance. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. 8 S:U'lanning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective a: Maintain existing height limitation for all fences. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. G. Landscaping (pp. 9,10 & 11 of ordinance) The first proposed regulation for landscaping is that in single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. There are currently no regulations regarding the use of gravel, stones, or cinders for landscaping. The second proposed regulation for landscaping is that in the multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, 25% of the area between any portion of the principal structure and any right-of--way line shall be landscaped. The Community Development Code has Impervious Surface Ratio requirements for all properties in the City. However, the requirement for percentage of landscaping would be unique to Island Estates. The Land Development Code in effect prior to the current code included a similar minimum landscaping percentage as proposed in the IENCOD provisions. This regulation is another instance where there seems to be a conflict in how the neighborhood voted. The third instance of inconsistency includes Ballot Items 19 and 20. The landscaping requirement for a certain percentage of the front yard to be landscaped was approved for multi-family areas in Item 20, but was not approved for single-family areas in Item 19. Item 19 received 48.7% approval and Item 20 received 51.9% approval. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51% of the neighborhood vote; 9 S:\Plamiing Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • ~ !yam • 2) Adopt the ordinance without the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option would remove the requirement for multi-family areas. 3) Adopt the ordinance with the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option require 35% of the front yard in single-family areas to be landscaped and 25% of the front yard in multi-family areas to be landscaped. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain the character of the entire neighborhood -not just segments of the neighborhood. Third, keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 18 on the ballot, which prohibits gravel or stone yards, demonstrates that the neighborhood supports more and better landscaping standards. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 4: To maintain, improve, and promote high .standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective f: Prohibit new gravel, rock or cinder yards in order to maintain a landscaped appearance throughout the neighborhood, as well as ensure proper drainage within the neighborhood. Objective g: Maintain certain percentage of vegetated landscaping in front yards in order to preserve a landscaped appearance throughout the neighborhood. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. 10 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • H. Outdoor Stora;;e (pp. 9 & 10 of ordinance) The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. Per City Code Section 3-1502 G., outdoor storage is generally prohibited on residential lots. Island Estates residents have chosen to specify fishing and crabbing equipment as prohibited types of outdoor storage. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Objective b: Restrict the docking of commercial boats and the storage of commercial fishing and/or crabbing equipment on residential waterfront property in order to preserve the residential character of those areas. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. 3. Compliance with Proposed Development Standards All new construction must be in compliance with the provisions of the Island Estates Neighborhood Conservation Overlay District. Any existing legally permitted use, lot size, setback, building height, fence, and landscaping in accordance with the development standards set forth in the overlay district will be considered a legal nonconforming use and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Any vehicle parked in violation of the standards established in the overlay district (parked on landscaped areas or specific vehicles parked outside of a garage), and any commercial fishing and crabbing equipment stored in violation of the standards (stored on residential property) shall not be considered a legal nonconforming use and must comply with the overlay district requirements. 11 S:\Planning Department\NCOD\[SLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below please find a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: Goa12 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy 2.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The proposed IENCOD is an innovative concept that was specifically created to ensure neighborhood preservation. The provisions included in the proposed IENCOD require that infill and redevelopment is consistent and compatible with the existing character of the Island Estates neighborhood. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments create the development standards for the Island Estates Neighborhood Conservation Overlay District. The proposed amendments are consistent with the following purposes of the Code. Section 1-103.A. - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; 12 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • Section 1-103.B.2. - It is the purpose of this Community Development Code to create value for its citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; Section 1-103.E.2. - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; Section 1-103.E.3. - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; and Section 1-103E.8. - Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments will provide the residents of Island Estates additional development standards that will protect the character of the neighborhood. The IENCOD will require development to be consistent with existing development patterns and property maintenance standards consistent with prevailing neighborhood standards. The Planning Department recommends APPROVAL of Ordinance No. 6981-02 that revises the Community Development Code and establishes the Island Estates Neighborhood Conservation Overlay District, with the following additions and revisions: 1. Revise minimum side setback for accessory structures from 5 feet to 7.5 feet. 2. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. 13 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. 3. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, 35% of the area between any portion of the principal structure and any right-of- way line shall be landscaped. Prepared by: Lochen Wood ATTACHMENT: Proposed Ordinance No. 6981-02 Adopted Zoning Classification Map Ballot Package Ballot Tally 14 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • March 13, 2002 Dear Island Estates Property Owner, In May 2001, the Island Estates neighborhood began planning for a Neighborhood Conservation Overlay District (NCOD). The purpose of the NCOD is to preserve and enhance the character of the neighborhood and ensure that any new development is consistent with the existing character of Island Estates. Through a series of public meetings, the residents of Island Estates developed a neighborhood plan as well as a list of development and property maintenance regulations designed to protect the health, safety, welfare and quality of life of the neighborhood. One of the final steps in the Island Estates NCOD planning process is a neighborhood poll to determine the proposed development and property maintenance regulations. The results of the vote will be provided to the Community Development Board and the City Commission for consideration when reviewing the proposed regulations. Development standards with support of at least fifty-one (51) percent of the votes cast will be forwarded for consideration. Please refer to the enclosed "Comparison of Proposed Island Estates NCOD Regulations and the City Development Code" for information about the proposed changes. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Enclosed with this letter you will find: 1. A reference map distinguishing the single-family areas from the multi-family areas (p. 2); 2. A table comparing the proposed regulations to the existing City Community Development Code (pp.3-4); 3. A two-sided ballot with proposed development regulations on which to vote (pp. 5-6); and 4. Aself-addressed, postage-paid envelope for ballot return. Ballots are being sent to property owners of each real property as listed on the Property Appraiser's tax roll. One vote per property will be tallied. This is a line-item vote and each item will be tallied separately. Vote either "FOR" or "AGAINST" in response to each issue. Make a mark in the box directly below the choice you have selected. The most appropriate marks would be an "X," a check mark or filling in of the box. Appropriate examples: ® ~j Votes must be marked clearly. If votes are not marked clearly or if there are marks in more than one box for each issue, no vote will be tallied for that item. If an item is left unanswered on a ballot, no vote will be tallied for that item, but all other eligible marked votes will be counted for that ballot. Place the completed ballot in the enclosed self-addressed, postage-paid envelope labeled "ISLAND ESTATES BALLOT." Seal the envelope and mail it to the City of Clearwater Planning Department. Ballots returned that are not enclosed in this provided envelope will not be counted. No copies of ballots will be accepted. The ballot must be returned or postmarked on or before April 5, 2002. • ~, • • The results will be available on May 1, 2002. Please contact the City of Clearwater Planning Department at 727-562-4539 or look online at "http://www.clearwater-fl.com" for results. Please direct questions to Lochen Wood, Planner, at 727-562-4539 or Gina Clayton, Long Range Planning Manager, at 727-562-4587. Thank you for your participation in the Island Estates Neighborhood Plan. Sincerely, City of Clearwater, Planning Department Island Estates NCOD Residental Areas ale-family Areas :i-family Areas in NCOD N W E S n COMPARISON OF PROPOSED IS D ESTATES NCOD REGULATIONS & T ITY DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Single-family dwellings (including community Single-family dwellings (including community residential homes with up to 6 residents), utility/ Ballot Item 1 -Permitted Uses residential homes with up to 6 residents) and infrastructure facilities, attached dwellings, for Single Family Areas utility/infrastructure facilities. schools, non-residential off-street parking, and parks and recreation facilities. Ballot Item 2 -Minimum Lot 7,500 sf 5,000 sf Size for Sin le Famil Areas Building Setbacks for Single- family Areas Princi gal Str-ucture, Ballot Item 3 -Front 25' 25' Ballot Item 4 -Side 7.5' S' Ballot Item 5 -Rear non-waterfront - 15' non-waterfront - 15' waterfront - 25' - if adjacent structures are set at waterfront - 25' - if adjacent structures are set at 20', then re wired setback is 20'. 20', then re wired setback is 20'. AccessoryStructures ; (including pool enclosures) Ballot Item 6 -Side 7.5' S' Ballot Item 7 -Rear 10' 10' Any pool exceeding 1' in height above grade shall Ballot Item 8 -Elevated Pools comply with the required rear setback for the Same requirement -through policy principal structure. Ballot Item 9 -Building Height 30' above the base flood elevation 30' above the base flood elevation for Sin le-Famil Areas Ballot Item 10 -Parking on Parking on any landscaped area shall be Allows 1 car to be parked on lawn next to Landscaped Areas for All Areas rohibited. driveway. All boats, personal watercraft, recreation vehicles, Boas in excess of 20 ft, hauling trailers, recreational trailers, commercial vehicles, race cars, dune buggies, vehicles, travel trailers, motor homes, camping trailers, farm equipment, go karts, ATV's or other similar semi-trailer trucks, any commercial vehicle (in excess vehicles shall be required to be parked in a Qarage The of 20 ft length, 7 ft width, or seven ft height), race cazs, Ballot Item 11 -Parking of temporary parking of such vehicles outside of a garage dune buggies, farm equipment, go karts, ATVs, or Certain Vehicles for Single- shall be permitted for no more than four (4) other similar vehicles shall not be narked within any family Areas consecutive days no more than twice a month. required front setback. Commercial vehicles during the Commercial vehicles may be parked outside of garages actual performance of a service at the premises is if onsite to actively conduct business on the premises. allowed. Loading/unloading/ cleaning of vehicles Parking of personal automobiles and motorcycles allowed provided completed with 6 hours twice a shall be permitted outside of the garage in a driveway. month. All boats, persona] watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar Boats in excess of 20 ft, hauling trailers, recreational vehicles shall be prohibited to be narked between any vehicles, travel trailers, motor homes, camping trailers, portion of the principal structure and any right-of-way semi-trailer trucks, any commercial vehicle (in excess line. The temporary parking of such vehicles within of 20 ft length, 7 ft width, or seven ft height), race cars, Ballot item ] 2 -Parking of the front setback shall be permitted for no more than dune buggies, farm equipment, go karts, ATVs, or Certain Vehicles for Multi- four (4) consecutive days no more than twice a month. other similar vehicles shall not be parked with in any family Areas Commercial vehicles may be parked between any required front setback Commercial vehicles during the portion of the principal structure and any right-of--way actual performance of a service at the premises is line, if onsite to actively conduct business on the allowed. Loading/unloading/ cleaning of vehicles premises. Parking of personal automobiles and allowed provided completed with 6 hours twice a motorcycles shall be permitted between any portion of month. the principal structure and mry right-of--way line in a paved parking area. COMPARISON OF PROPOSED IS D ESTATES NCOD REGULATIONS & T ITY DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Fences for All Areas Ballot Item 13 -Front Fences All fences shall be prohibited between any portion of Allows 3' fences in front and corner side ards. y the principal structure and any right-of--way line. Fences shall not exceed 6 feet in height between any Allows fences in the side yard up to 6 feet in Ballot Item 14 -Side Fences portion of the principal structure and any side lot line. height. For waterfront properties, fences shall not exceed 3 Fences in the rear yards abutting the water must feet in height between the rear building setback line not exceed 3' in height or 4' in height if enclosing Ballot Item 15 -Rear Fences and the seawall. If the fence encloses a pool, it may be a pool. Fence in rear yards not abutting the water 4 feet in height. may be up to 6' in height. All fences between the rear building setback line and Fences in the rear yards abutting the water must Ballot Item 16 -Rear Fences the seawall shall be non-opaque (see-through.) be non-opaque (see-through.) All trash containers, dumpsters and mechanical equipment shall be screened from the rights-of--way, adjacent property and the water. Provision shall apply All dumpsters and mechanical equipment shall be Ballot Item 17 -Screening for to new construction. 1f improvements are made to any screened from rights-of--way and adjacent all Areas structure exceeding 50% of the value appraised by the ' property. s Office, then the Pinellas County Property Appraiser screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Use of gravel, stones, cinders and other similar Ballot Item 18 -Landscaping for material in any yard shall be prohibited unless All yards not covered with a building shall be all Areas included as an integral, but minor, element of a landscaped with grass or other ground cover. landscaping plan. Ballot Item 19 -Landscaping In the single-family areas, 35% of the area No landscaping requirement as such. 65% of Coverage For Single-family between any portion of the principal structure and entire lot maybe covered with impervious Areas any right-of--way line shall be landsca ed. surfaces (building, pavement, ool area, etc. In the multi-family areas, 25% of the area No landscaping requirement as such. 75%-85% Ballot Item 20 -Landscaping between any portion of the principal structure and of entire lot may be covered with impervious Coverage For Multi-family Areas any right-of--way line shall be landsca ed. surfaces (building, pavement, ool area, etc.) Ballot Item 21 -Minimum In single-family areas, the minimum rental period City code does not regulate, however, the Rental Periods for Single-family shall be 90 days. Countywide Rules of the Pinellas Planning Areas Council im oses 30 da minimum. Outdoor storage is prohibited nor may goods and materials be stored in any manner which is visible Ballot Item 22 -Outdoor The storage of commercial fishing and crabbing from the public right-of--way or from abutting Storage for all Areas equipment shall be prohibited on any residential properties. Equipment, materials or furnishings property. not designed for outdoor use may not be stored outdoors. Deviations from Code requirements for at-grade structures and/or the expansion of existing non- Review and approval for certain uses and/or conforming side and/or rear setbacks may be deviations related to dimensional requirements for approved through a flexible standard approval accessory and primary structures may be Ballot Item 23 -Deviations for process. Flexible standard approval includes a reviewed and approved through a flexible all Areas recommendation by the City Development standard development (approved by staff). Review Committee and final decision by the Certain uses and dimensional requirements Community Development Coordinator. All other require review and approval by the Community deviations must be approved by the Community Development Board (flexible development). Development Board at a public hearing. .~ .~ ! • Island Estates NCOD Regulations Ballot page 1 of 2 1 In single-family areas, permitted uses shall be restricted to single-family dwellings FOR AGAINST (including community residential homes with up to 6 residents) and infrastructure/utility installations. 2 FOR AGAINST In single-family areas, the minimum lot size shall be 7,500 square feet. 3 FOR AGAINST In single-family areas, front building setbacks for principal structures shall be ~ ^ 25 feet. 4 FOR AGAINST In single-family areas, side building setbacks for principal structures shall be ^ ^ 7.5 feet. 5 In single-family areas, rear building setbacks for principal structures shall be 15 feet for non-waterfront lots and 25 feet for waterfront lots. If adjacent structures FOR n AGAINST on either side of a waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. _ 6 FOR AGAINST In single-family areas, side building setbacks for accessory structures, including screened pool enclosures shall be 7.5 feet. 7 FOR AGAINST In single-family areas,'`rear building setbacks for accessory structures, including screened pool enclosures shall be 10 feet. g - FOR AGAINST Any pool exceeding 1 foot in height abo~.~e grade shall comply with the required ^ ^ rear setback for the principal:+struclure. y FOR AGAINST In single-family areas, building height shall be limited to 30 feet above base flood ^ ^ elevation. 10 FOR AGAINST Parking on any landscaped area shall be prohibited. 11 In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway 12 In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue fo exist and be mainfained as allowed by the Clearwater Community Development Code. (Please turn over to finish voting) • Island Estates NCOD Regulations Ballot • page 2 of 2 13 FOR AGAINST All fences shall be prohibited between any portion of the principal structure and ^ ^ any right-of-way line. 14 FOR AGAINST Fences shall not exceed 6 feet in height between any portion of the principal ^ structure and any side lot line. 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear FOR AGAINST building setback line and the seawall. If the fence encloses a pool, it may be 4 feet in height. 16 FOR AGAINST All fences between the rear building setback line and the seawall shall be non- ^ ^ opaque (see-through.) 17 All trash containers, dumpsters and mechanical equipment shall be screened from FOR AGAINST the rights-of-way, adjacent property and the water. Provision shall apply to nee°/ construction. If improvements are made to any structure exceeding 50°~ of the value appraised by the Pinellas County Property Appraiser's""Office, then the screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. _ 18 Use of gravel, stones, cinders and other similar material in any yard shall. be FOR AGAINST prohibited unless included as an integral, but minor,- element of a landscaping plan. 19 - - --- __ FOR AGAINST In single-family areas, 35"o of the area baween any portion of the principal structure and any right-of-way line shah be landscaped. 20 ---___ FOR AGAINST In multi-family areas, 25% of the area between any portion of the principal ~ ^ structure and any right-of-way line shall be landscaped. 21 FOR AGAINST In single-family areas, the minimum rental period shall be 90 days. 22 FOR AGAINST The storage of commercial fishing and crabbing equipment shall be prohibited on ^ ^ any residential property. FOR AGAINST 23 Deviations for at-grade structures and/or the expansion of existing non-conforming ^ ^ side and/or rear setbacks may be approved through a flexible standard approval process. Flexible standard approval includes a recommendation by the City Development Review Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (End of ballot) Upon completion, place this ballot in the self-address, postage-paid envelope labeled "Island Estates Ballot" and return it to the City of Clearwater Planning Department. Mailed ballots must be postmarked by April S, 2002. s Total Total Total Island Estates Ballot Total Tally Votes Votes No Vote Votes Percent Percent For A ainst Cast Cast For Against It 1 In single-family areas, permitted uses shall be restricted to single-family dwellings (including ° ° em community residential homes with up to 6 residents) and infrastructure/utility installations. 225 192 4 417 54.0 /0 46.0 /o Item 2 In sin le-famil areas, the minimum lot size shall be 7,500 s uare feet. 223 193 5 416 53.6% 46.4% Item 3 In sin le-famil areas, front buildin setbacks for rinci al structures shall be 25 feet. 238 175 8 413 57.6% 42.4% Item 4 In single-family areas, side building setbacks for principal structures shall be 7.5 feet. 215 202 5 417 51.6% 48.4% In single-family areas, rear building setbacks for principal structures shall be 15 feet for non- ttem 5 waterfront tots and 25 feet for watertont lots. If adjacent structures on either side of a 218 197 6 415 52.5% 4 E .5°i~ waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. 6 tt In single-family areas, side building setbacks for accessory structures, including screened err~ ool enclosures shall be 7.5 feet. 197 220 4 417 47.2% 52.8% d Item 7 In single-family areas, rear building setbacks for accessory structures, including screened 235 181 5 416 56 5% __ 5°/, 43 ool enclosures shall be 10 feet. . . item 8 Any pool exceeding 1 foot in height above grade shall comply with the required rear setback 217 197 7 414 52.4% 6% 47 for the rinci al structure. . Item 9 In single-family areas, building height shall be limited to 30 feet above base flood elevation. 225 192 4 417 54.0% 46.0% Item 10 Parkin on an landsca ed area shall be rohibited. 237 181 3 418 56.7% 43.3% In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside Item 11 of a garage shall be permitted for no more than four (4) consecutive days no more than 213 206 2 419 50.8% 49.2% twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. In mini-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right- of-way line. The temporary parking of such vehicles within the front setback shall be kem 12 permitted for no more than four {4) consecutive days no more than twice a month. 218 199 4 417 52.3% 47.7% Commercial vehicles may be parked between any portion of the prinapal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. Total Total No Vote TO~I Percent Percent Island Estates Ballot Total Tally (cont.) Votes Votes Cast Votes For Against For A ainst Cast All fences shah be prohibited between any portion of the principal structure and any right-of- 173 242 6 415 41.7% 58.3°~ Item 13 wa line . Fences shall not exceed 6 feet in height between any portion of the principal structure and 218 200 3 418 52.2% 47.8% item 14 an side lot line. For waterfront properties, fences shall not exceed 3 feet in height between the rear building 210 207 4 417 50.4% 49.6% kern 15 setback line and the seawall. If the fence encloses a pool, it may be 4 feet in height. All fences between the rear building setback line and the seawall shall be non-opaque (see- 214 200 7 414 51.7% 48.3% Item 16 throw h. All trash containers, dumpsters and mechanical equipment shall be screened from the rights of-way, adjacent property and the water. Provision shall apply to new construction. If Item 17 improvements are made to any structure exceeding 50% of the value appraised by the 209 208 4 417 50.1 % 49.9% Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited 216 202 3 418 51.7% 48.3% Item 18 unless included as an inte ral but minor element of a landsca in Ian. In single-family areas, 35% of the area between any portion of the principal structure and 203 214 4 417 48,7% 51.3% Item 19 an ri ht-of-wa line shall be landsca ed. In multi-family areas, 25% of the area between any portion of the principal structure and 217 201 3 418 51.9% 48.1 Item 20 an ri ht-of-wa line shall be landsca ed. Item 21 In sin le-famil areas, the minimum rental eriod shall be 90 da 199 221 1 420 47.4% 52.6% The storage of commercial fishing and crabbing equipment shall be prohibited on any 232 186 3 418 55.5% 44.5% Item 22 residential roe Deviations for at-grade structures and/or the expansion of existing non-conforming side and/or rear setbacks may be approved through a flexible standard approval process. Item 23 Flexible standard approval includes a recommendation by the City Development Review 202 213 6 415 48.7% 51.3% Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Setback items that could be aired Parking items that could be paired Landscapign items that could be paired Items that did not receive 51 % or more of the vote and are not paired with another item `./ Total ballots 641 Total ballots not returned 220 Total ballots returned 421 Percentage returned 65.7% S:\Planning Department\NCOD\Island Estates\ballot :7 ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Ord 6981- 02.doc Ordinance No. 6981-02 Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island Estates Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1602 Island Estates Neiqhborhood Conservation Overlay District. A. Intent and Purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on August 8 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neiqhborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neiqhborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. B. Jurisdictional Boundaries. The Island Estates Neighborhood Conservation Overlay District (IENCOD~ shall be consistent with the boundaries of all the land in Clearwater Harbor, known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway, less and except the following described tracts: (1) All of Block C, and Lots 1-3, 7, 9-13, Block D, and the westerly 61 feet of the vacated right-of-way of Dory Passage, Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; (2~ Begin at the most easterly corner of Lot 13, Block D of Unit 5 Island Estates of Clearwater; as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida; thence N49°23'41 "W, 100.00 feet; thence N04°23'41 "W, 71.42 feet, to a point on a curve to the left; thence along the arc of said curve, having a radius of 70.00 feet, a chord bearing of N75°47'40"E, a chord length of 23.86 feet 23.98 feet• thence S49°23'41"E 136.75 feet• thence S08°12'32"E 81.05 feet; thence S40°36'19"W, 16.63 feet; thence N49°23'41"W, 61.00 feet to the Point of Beginning; (3) Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of the Public Records of Pinellas County, Florida; (4) the land bounded on the north by Dory Passage, on the south by Windward Passage, on the west by Larboard Way and on the east by Island Way. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Island Estates Neiqhborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. Ordinance No. 6981-02 • • D. Minimum standard development for areas zoned LMDR//ENCOD. The following uses are Level One permitted uses in the LMDR/IENCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1601(D). "LMDR/IENCOD" Minimum Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. ft. 1 Parkin Front Side Rear 2 Accessory pools and screen enclosures 5 10 Community Residential Homes (up to 7,500 50 25 7_5 15 30 2/unit 6 residents) Detached Dwellings 7,500 50 25 7_5 15 30 2/unit (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure Waterfront detached dwellings in the LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The_i3uil_ding Code may require the rear setback to be at least 18 feet from a seawall. Ordinance No. 6981-02 • C E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Standard Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. ft. 1 Parkin Front Side Rear 2 Detached 7 500 50 15-25 7 5 5 - 15 30 2/unit Dwellings , _ Residential Infill 1 25 3 7 5 15 5 30 2/ it ' n/a n/a 5- - . - un ect 3 Pro Utility/ Infrastructure n/a n/a 25 10 15 n/a n/a Facilities (4) (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9 Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.E.2. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 7. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: i. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; ii. The reduction in front setback will not adversely affect adjacent property values; Ordinance No. 6981-02 C • iii. The reduction in front setback is consistent with neighborhood character; iv. The reduction in front setback results in an efficient house layout. c. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or ii. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible; or iii. The reduction in rear setback results in an efficient house layout; and iv. The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adjacent properties. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six r6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; Ordinance No. 6981-02 , .. • g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: and h. Flexibility ~in regard to lot width required setbacks, height, off-street parking access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neighborhood; c. No above ground structures are located adjacent to a street right-of-way; and d. Any above ground structure other than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Development Min. Lot Min. Lot Max. Min. Off- Use Area s . ft. Width ft. Min. Setbacks (ft.) Height ft. 1 Street Parkin Front Side Rear 2 Detached 4,500 - 25 - 50 15 - 25 3 - 7.5 5 - 15 30 2/unit Dwellings Residential Infill 7,500 n/a n/a 10 - 25 0 - 7.5 0 - 15 30 1/unit Pro'ect 3 (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. Ordinance No. 6981-02 • • (2) Any pool exceeding 1 foot in height above arade shall comply with the required rear setback for the principal structure Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 1. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling of less than 7,500 square feet is an existing lot or a lot size of less than 7,500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size not more than ten: pe ratio of "all existing'str a''700 feet radius of the d. Front setback: tructures to be developed on the lot is '.'than 'the average volume to lot size don the same local streef and within i. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; ii. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of- way; iii. The reduction in front setback will not adversely affect adjacent property values; e. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; ii. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or Ordinance No. 6981-02 • • iii. The reduction in rear setback will result in an efficient house layout. f. Side setback• The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting eroperties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinit rLof the parcel proposed for development and the City of Clearwater as a whole. G. Additional development standards for single-family areas zoned LMDR/IENCOD 7. Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, personal watercraft recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area; 2. Fences. Ordinance No. 6981-02 • • a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through); 3. Landscaping Requirements Use of gravel stones cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan; and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H. Additional development standards for multi-family areas zoned MDR/IENCOD, MHDR/IENCOD. HDR/IENCOD and C/IENCOD. 1. Parkin . a. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. b. All boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-wa ly ine. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) Ordinance No. 6981-02 d' •• 3. Landscaping Requirements. a. Use of gravel stones cinders and other similar material in anv yard shall be prohibited unless included as an integral, but minor, element of a landscapin pct Ian. b. Twenty-five percent (25%) of the area between any portion of the principal structure and anv right-of-way line shall be landscaped. 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on anv residential property. 1. Additional development standards for areas zoned I/IENCOD. 1. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in an rLyard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. Section 2. This ordinance shall take effect on September 9, 2002. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 10 Ordinance No. 6981-02 ~ ~~" CDB Meeting Date: June 18, 2001 Case Number: TA 02-03-02 Agenda Item: D.2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6981-02 INITIATED BY: Island Estates Neighborhood and Planning Department BACKGROUND INFORMATION: Pursuant to Section 4-608 of the Community Development Code, the Island Estates neighborhood submitted an application and the required petition to initiate the Neighborhood Conservation Overlay District (NCOD) planning process in December 2000. At the April 19, 2001 meeting the City Commission approved the application. Between September 2001 and February 2002 the steering committee, in conjunction with the Planning Department, held a total of seven (7) public meetings with the neighborhood to develop the Island Estates Neighborhood Plan. The Plan focuses on neighborhood strengths and weaknesses and includes goals and objectives to address those issues. Furthermore, the Plan includes an implementation section, which supports applying a NCOD as an overlay district in addition to the neighborhood's existing zoning. This overlay district would apply development standards in addition to those required by the underlying zoning districts. The items proposed in the Neighborhood Plan for development regulation were put to a vote in the neighborhood. One owner for each real property in the NCOD boundary was mailed a ballot on March 13, 2002. The ballots were to be returned to the Planning Department or postmarked by April 5, 2002. Nearly 66% of the ballots were returned (421 returned out of 641 mailed.) On Apri125, 2002 the ballots were tallied at City Hall. The ballot package and the ballot tally are attached. 1 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • ANALYSIS: Proposed Ordinance No. 6981-02 creates the Island Estates Neighborhood Conservation Overlay District (IENCOD), which contains amendments that are specific to the Island Estates neighborhood. Ballot items that received at least 51 % of the received votes in favor of the regulation are included in the attached ordinance. Below please find a description of each proposed amendment. 1. Purpose, Jurisdictional Boundaries and Relationship to Underlying Districts. The general purpose of the proposed IENCOD is to ensure that infill and redevelopment activities are consistent with the protection of the existing established character of Island Estates and to protect the health, safety and welfare of the neighborhood. All of the proposed development standards are intended to preserve the unique characteristics of the Island Estates neighborhood and maintain its stability. The proposed IENCOD will govern most of the property located on land known as Island Estates, lying northerly of the northerly right of way line of Memorial Causeway between the mainland and Clearwater Beach. The attached ballot package includes a map that illustrates the boundaries of the IENCOD. The proposed IENCOD provides regulations in addition to those required by the existing zoning districts. Any issue that is not addressed by this overlay district will be governed by the remaining provisions of the Community Development Code. The overlay district is not intended to totally replace the existing districts nor the balance of the Code. There are a limited number of provisions unique for Island Estates and all other development regulations in the Code will still apply to the neighborhood. 2. Permitted Uses and Dimensional Standards in the Island Estates Neighborhood Conservation Overlay District. The permitted uses and dimensional requirements of the proposed IENCOD are organized in the same format as used in all of the other zoning districts. Allowable uses are permitted as minimum development, flexible standard development and/or flexible development. Existing legally permitted uses and structures generally will be grandfathered when the following development regulations are enacted. A. Permitted Uses (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, permitted uses shall be restricted to single-family dwellings (including community residential homes with up to 6 residents) and infrastructure/utility installations. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional 2 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • areas zoned UIENCOD permitted uses are governed by the underlying districts instead of the IENCOD. The proposed use requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Objective b : Enforce existing zoning in order to prevent commercial uses in of Goa14 residential areas. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. B. Minimum Lot Size (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, the minimum lot size shall be 7,500 square feet, as opposed to 5,000 square feet required in the current regulations for LMDR districts. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD minimum lot size requirements shall remain consistent with the current City of Clearwater Community Development Code. The proposed lot size requirement of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective a: Establish minimum lot sizes consistent with the deed restriction. Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- familyuse. 3 S:\I'lanning DepartmeniWCOD\ISLAND ES1'ATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. C. Building Setbacks (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building setbacks for principal structures shall be: Front setback: 25 feet Side setback: 7.5 feet Rear setback: 15 feet (non-waterfront) 25 feet (waterfront) - If adjacent structures on either side of the lot are setback 20 feet, then the minimum rear setback shall be 20 feet. In single-family areas zoned LMDR/IENCOD, building setbacks for accessory structures, including screen pool enclosures shall be: Side setback: S feet Rear setback: 10 feet Current regulations are similar, with the exception that the current side setbacks for principal structures in the LMDR District are set at 5 feet rather than 7.5 feet. Throughout the Community Development Code, side setback requirements for principal and accessory structures in any given zoning district are the same. The proposed ordinance deviates from this pattern because of the results of the neighborhood vote. In this instance, Ballot Items 4 and 6 both proposed extending side yard setbacks from 5 feet to 7.5 feet. However, the neighborhood advocated the larger side yard setback for principal structures in Item 4, but did not advocate the larger side setback for accessory structures in Item 6. Item 4 received 51.6% approval and Item 6 received 47.2% approval. Because of the inconsistency with the current format of the Community Development Code, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the proposed ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; 2) Adopt the ordinance without any provisions fora 7.5-foot side setback for either principal or accessory structures. This option would set the side setback at the current requirement of 5 feet for both principal and accessory structures; or 3) Adopt the ordinance with the addition of the 7.5-foot side setback for accessory structures in addition to principal structures. This option would 4 S:\I'lanning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • require the side setback for both principal and accessory structures to be 7.5 feet. The Planning Department recommends option 3 for several reasons. First, the pattern is established in the Community Development Code that side setbacks are the same for principal and accessory structures in any given zoning district. Second, the administration of a regulation that deviates from the City's current format may lead to confusion and inconsistency. Finally, because the principal structure is seen from the street and is generally the most dominant structure on a site, the side setback for the principal structure generally affects the character of the neighborhood more than the side setback of accessory structures. Because the proposed regulation for side setback at 7.5 feet for principal structures was approved by the neighborhood, the side setback for accessory structures should be the same, 7.5 feet. In addition, any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD building setbacks shall remain consistent with the current City of Clearwater Community Development Code. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective d: Require elevated pools to be in compliance with setbacks established for principal structures in order to prevent the blocking of views, to maintain openness in rear setbacks, to preserve consistent appearance in waterfront yards and to control building bulk. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective b: Establish setback requirements consistent with deed restrictions. 5 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\[E TA Staff Report.doc TA 02-03-02 • • Objective d: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi- family use. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. D. Building Height (pg. 3 of ordinance) In single-family areas zoned LMDR/IENCOD, building height shall be limited to 30- feet above base flood elevation. This proposed regulation does not deviate from the current building height requirement of the LMDR District. In multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, building height shall be governed by the underlying zoning districts. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective c: Maintain current city regulations on home heights. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. E. Parking on Private Property_(pp. 9 & 10 of ordinance) The first proposed parking regulation is that in single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, parking on any landscaped area shall be prohibited. Currently, Code Section 3-1407A.4 allows one designated parking space on the grass in a required front setback adjacent to the driveway located on the property. These proposed requirements of the IENCOD would not permit such a space in the Island Estates neighborhood. The protection of the existing neighborhood character is the central concern of Island Estates residents. The possibility of vehicles parking on landscaped areas would detract from this neighborhood, which has well maintained and attractively landscaped properties. The second proposed parking regulation applies to the multi-family areas. In multi- family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial 6 S:\I'lanning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of--way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of--way line if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of--way line. Existing Code Section 3-1407 is very similar to this proposal. However, it does allow boats or commercial vehicles measuring less than twenty (20) feet in length to be parked in the front setback. In addition, City Code Section 3-1407 limits temporary parking for loading unloading and cleaning to six hours, two times per month. Island Estates residents are sensitive to the fact that many residents have boats or recreational vehicles or other equipment that may need to be parked in the front yard on a temporary basis. The neighborhood is suggesting that such vehicles be permitted to park in the driveway for no more than four (4) consecutive days no more than twice a month. This regulation is another instance where the results of the neighborhood vote somewhat conflict. The parking restrictions for certain vehicles (all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles) were approved for multi- family areas in Ballot Item 12, but were not approved for single-family areas in Ballot Item 11. Item 11 received 50.8% approval and Item 12 received 52.3% approval. Approving this new regulation for one part of the neighborhood, but not for the other may lead to an inequity. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51% of the neighborhood vote; 2) Adopt the ordinance without any new provisions for parking in the front setback. This option would defer the parking restrictions to the existing code, which allows boats and commercial vehicles not exceeding 20 feet in length to be parked in the front setback. 3) Adopt the ordinance with the addition of the parking requirements for single- family areas in addition to multi-family areas. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain this character throughout the entire neighborhood. Third, 7 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 10 on the ballot, which prohibits parking on landscaped areas, demonstrate that the neighborhood supports stricter parking regulations. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa14: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective m: Promote the enforcement of the prohibition of parking on grassy medians and cul-de-sacs. Objective o: Prohibit permanent parking of boats, trailers and recreational vehicles outside of garages. F. Fences (pp. 9,10, & 11 of ordinance) In single-family areas zoned LMDR/IENCOD, multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD and institutional areas zoned UIENCOD, fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. In addition, all fences between the rear building setback line and the seawall shall be non-opaque (see-through.) These are current regulations in the Community Development Code but have been called out as being specifically important to the residents of Island Estates. In addition to these regulations, there are two fence regulations that were not supported by the neighborhood vote. The neighborhood did not support Ballot Item 13 that would have required all fences to be restricted from the front yard. The neighborhood also did not support Ballot Item 15, which required fences in the rear yard for waterfront properties to be limited to 3 feet (or 4 feet for yards with pools.) The provisions of Ballot Item 15 are already in the current City fence regulations; therefore, properties will have to comply with this regulation even though it is not included in this proposed ordinance. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goal 2: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. 8 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • Goal 4: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective a: Maintain existing height limitation for all fences. Goa15: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. G. Landscapin#; (pp. 9,10 & 11 of ordinance) The first proposed regulation for LMDR/IENCOD, multi-family a HDR/IENCOD, and C/IENCOD and ins gravel, stones, cinders and other similar unless included as an integral, but minor, currently no regulations regarding the landscaping. is that in single-family areas zoned MDR/IENCOD, MHDR/IENCOD, titutional areas zoned UIENCOD, use of material in any yard shall be prohibited element of a landscaping plan. There are use of gravel, stones, or cinders for The second proposed regulation for landscaping is that in the multi-family areas zoned MDR/IENCOD, MHDR/IENCOD, HDR/IENCOD, and C/IENCOD, 25% of the area between any portion of the principal structure and any right-of--way line shall be landscaped. The Community Development Code has Impervious Surface Ratio requirements for all properties in the City. However, the requirement for percentage of landscaping would be unique to Island Estates. The Land Development Code in effect prior to the current code included a similar minimum landscaping percentage as proposed in the IENCOD provisions. This regulation is another instance where there seems to be a conflict in how the neighborhood voted. The third instance of inconsistency includes Ballot Items 19 and 20. The landscaping requirement for a certain percentage of the front yard to be landscaped was approved for multi-family areas in Item 20, but was not approved for single-family areas in Item 19. Item 19 received 48.7% approval and Item 20 received 51.9% approval. Because of this conflict in the votes, the Planning Department proposes three options of how to address this issue of conflicting votes: 1) Adopt the ordinance as presented with this staff report based on the approval of items by 51 % of the neighborhood vote; landscaping reas zoned 9 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • 2) Adopt the ordinance without the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option would remove the requirement for multi-family areas. 3) Adopt the ordinance with the proposed regulations for a required percentage of landscaping in the front setback in any area of the neighborhood. This option require 35% of the front yard in single-family areas to be landscaped and 25% of the front yard in multi-family areas to be landscaped. The Planning Department recommends option 3 for several reasons. First, approving the regulation for all residential areas, rather than just one, is equitable. Second, the intent of the regulation based on public sentiment at the neighborhood planning meetings, was to maintain the character of the entire neighborhood -not just segments of the neighborhood. Third, keeping the regulations similar through out the neighborhood reduces the chance of confusion and inconsistency in administration. Finally, the approval of Item 18 on the ballot, which prohibits gravel or stone yards, demonstrates that the neighborhood supports more and better landscaping standards. These proposed requirements of the IENCOD implement the following goals and objectives of the Island Estates Neighborhood Plan. Goa14: To maintain, improve, and promote high .standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. Objective f: Prohibit new gravel, rock or cinder yards in order to maintain a landscaped appearance throughout the neighborhood, as well as ensure proper drainage within the neighborhood. Objective g: Maintain certain percentage of vegetated landscaping in front yards in order to preserve a landscaped appearance throughout the neighborhood. Goal 5: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. Objective e: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan. 10 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • H. Outdoor Storage (pp. 9 & 10 of ordinance) The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. Per City Code Section 3-1502 G., outdoor storage is generally prohibited on residential lots. Island Estates residents have chosen to specify fishing and crabbing equipment as prohibited types of outdoor storage. This proposed requirement of the IENCOD implements the following goals and objectives of the Island Estates Neighborhood Plan. Goa12: To maintain safety, views, access, and water quality along the Island Estates waterfront. Objective a: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. Objective b: Restrict the docking of commercial boats and the storage of commercial fishing and/or crabbing equipment on residential waterfront property in order to preserve the residential character of those areas. Goa15: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. 3. Compliance with Proposed Development Standards All new construction must be in compliance with the provisions of the Island Estates Neighborhood Conservation Overlay District. Any existing legally permitted use, lot size, setback, building height, fence, and landscaping in accordance with the development standards set forth in the overlay district will be considered a legal nonconforming use and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Any vehicle parked in violation of the standards established in the overlay district (parked on landscaped areas or specific vehicles parked outside of a garage), and any commercial fishing and crabbing equipment stored in violation of the standards (stored on residential property) shall not be considered a legal nonconforming use and must comply with the overlay district requirements. 11 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • • CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures. and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below please find a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: Goa12 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy 2.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The proposed IENCOD is an innovative concept that was specifically created to ensure neighborhood preservation. The provisions included in the proposed IENCOD require that infill and redevelopment is consistent and compatible with the existing character of the Island Estates neighborhood. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments create the development standards for the Island Estates Neighborhood Conservation Overlay District. The proposed amendments are consistent with the following purposes of the Code. Section 1-103.A. - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; 12 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • n Section 1-103.B.2. - It is the purpose of this Community Development Code to create value for its citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; Section 1-103.E.2. - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; Section 1-103.E.3. - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; and Section 1-103E.8. - Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments will provide the residents of Island Estates additional development standards that will protect the character of the neighborhood. The IENCOD will require development to be consistent with existing development patterns and property maintenance standards consistent with prevailing neighborhood standards. The Planning Department recommends APPROVAL of Ordinance No. 6981-02 that revises the Community Development Code and establishes the Island Estates Neighborhood Conservation Overlay District, with the following additions and revisions: 1. Revise minimum side setback for accessory structures from 5 feet to 7.5 feet. 2. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. 13 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 • Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. 3. Add a requirement specifying that in single-family areas zoned LMDR/IENCOD, 35% of the area between any portion of the principal structure and any right-of- way line shall be landscaped. Prepared by: Lochen Wood ATTACHMENT: Proposed Ordinance No. 6981-02 Adopted Zoning Classification Map Ballot Package Ballot Tally 14 S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Staff Report.doc TA 02-03-02 March 13, 2002 Dear Island Estates Property Owner, In May 2001, the Island Estates neighborhood began planning for a Neighborhood Conservation Overlay District (NCOD). The purpose of the NCOD is to preserve and enhance the character of the neighborhood and ensure that any new development is consistent with the existing character of Island Estates. Through a series of public meetings, the residents of Island Estates developed a neighborhood plan as well as a list of development and property maintenance regulations designed to protect the health, safety, welfare and quality of life of the neighborhood. One of the final steps in the Island Estates NCOD planning process is a neighborhood poll to determine the proposed development and property maintenance regulations. The results of the vote will be provided to the Community Development Board and the City Commission for consideration when reviewing the proposed regulations. Development standards with support of at least fifty-one (51) percent of the votes cast will be forwarded for consideration. Please refer to the enclosed "Comparison of Proposed Island Estates NCOD Regulations and the City Development Code" for information about the proposed changes. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, durnpster or trash containers not screened in accordance with the development standards in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Enclosed with this letter you will find: 1. A reference map distinguishing the single-family areas from the multi-family areas (p. 2); 2. A table comparing the proposed regulations to the existing City Community Development Code (pp.3-4); 3. A two-sided ballot with proposed development regulations on which to vote (pp. 5-6); and 4. Aself-addressed, postage-paid envelope for ballot return. Ballots are being sent to property owners of each real property as listed on the Property Appraiser's tax roll. One vote per property will be tallied. This is a line-item vote and each item will be tallied separately. Vote either "FOR" or "AGAINST" in response to each issue. Make a mark in the box directly below the choice you have selected. The most appropriate marks would be an "X," a check mark or filling in of the box. Appropriate examples: ® ~ ^ Votes must be marked clearly. If votes are not marked clearly or if there are marks in more than one box for each issue, no vote will be tallied for that item. If an item is left unanswered on a ballot, no vote will be tallied for that item, but all other eligible marked votes will be counted for that ballot. Place the completed ballot in the enclosed self-addressed, postage-paid envelope labeled "ISLAND ESTATES BALLOT." Seal the envelope and mail it to the City of Clearwater Planning Department. Ballots returned that are not enclosed in this provided envelope will not be counted. No copies of ballots will be accepted. The ballot must be returned or postmarked on or before Apri15, 2002. • • The results will be available on May 1, 2002. Please contact the City of Clearwater Planning Department at 727-562-4539 or look online at "http://www.c~earwater-fl.com" for results. Please direct questions to Lochen Wood, Planner, at 727-562-4539 or Gina Clayton, Long Range Planning Manager, at 727-562-4587. Thank you for your participation in the Island Estates Neighborhood Plan. Sincerely, City of Clearwater, Planning Department Island Estates NCOD Residental Areas 0 Single-family Areas Multi-family Areas 0 Not in NCOD ~r --~ 1, _ ,; ~_- ~_- --~ ~, ~~~ 1 ~~-~.~ . ~_L,\, ~_~ ~~~ ~ y f ~ ~~' ~ :1 'l~\ ` ~~_ ~`~ ~ ~~ ~ r r ~g~ L~__'~ _J 1--~ F-~ _` !~ N ~< `~~ W E To Memorial Causeway S • Island Estates NCOD Regulations Ballot • page 2 of 2 13 FOR AGAINST All fences shall be prohibited between any portion of the principal structure and ^ ^ any right-of--way line. 14 FOR AGAINST Fences shall not exceed 6 feet in height between any portion of the principal ^ ^ structure and any side lot line. 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear FOR AGAINST building setback line and the seawall. If the fence encloses a pool, it may be 4 ^ ^ feet in height. 16 FOR AGAINST All fences between the rear building setback line and the seawall shall be non- ^ ^ opaque (see-through.) 17 All trash containers, dumpsters and mechanical equipment shall be screened from FOR AGAINST the rights-of-way, adjacent property and the water. Provision shall apply to new `` ^ ^ construction. If improvements are made to any structure exceeding 50©~ of-the value appraised by the Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and; trash containers' must be brought into compliance. 18 Use of gravel, stones, cinders and other similar material in ahy yard shall be FOR AGAINST prohibited unless included as`an integral, but mirio~,' element ~f a landscaping ^ ^ plan. 19 ~ ~ FOR AGAINST In single-family areas; 35% of the ,.area ,between any portion of the principal ^ ^ structure and any right-of-way line shall be landscaped. 20 FOR AGAINST In multi-family areas, 25% of the area between any portion of the principal ^ ^ structure and any right-of-way line shall be landscaped. 21 FOR AGAINST In single-family areas, the minimum rental period shall be 90 days. ^ ^ 22 FOR AGAINST The storage of commercial fishing and crabbing equipment shall be prohibited on ^ ^ any residential property. 23 Deviations for at-grade structures and/or the expansion of existing non-conforming FOR AGAINST side and/or rear setbacks may be approved through a flexible standard approval ^ ^ process. Flexible standard approval includes a recommendation by the City Development Review Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanica! equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (End of ballot) Upon completion, place this ballot in the self-address, postage-paid envelope labeled "Island Estates Ballot" and return it to the Cify of Clearwater Planning Department. Mailed ballots must be postmarked by April 5, 2002. n Island Estates NCOD Regulations Ballot • page 1 of 2 1 In single-family areas, permitted uses shall be restricted to single-family dwellings FOR AGAINST (including community residential homes with up to 6 residents) and infrastructure/utility installations. 2 FOR AGAINST In single-family areas, the minimum lot size shall be 7,500 square feet. 3 FOR AGAINST In single-family areas, front building setbacks for principal structures shall be ^ ^ 25 feet. 4 FOR AGAINST In single-family areas, side building setbacks for principal structures shall be ^ ^ 7.5 feet. 5 In single-family areas, rear building setbacks for principal structures shall be FOR AGAINST 15 feet for non-waterfront lots and 25 feet for waterfront lots. If adjacent structures n on either side of a waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. 6 r FOR AGAINST In single-family areas, side building setbacks for accessory structures, including ^ screened pool enclosures shall be 7.5 feet. 7 - - FOR AGAINST In single-family areas, rear building setbacks for accessory. structures, including - ^ ^ screened pool enclosures shall be 10 feet. - 8 FOR AGAINST Any pool exceeding 1 foot'in height above grade shall comply with the required o at u c ^ ^ ipal rear setback for the ~~rin ru t re. 9 FOR AGAINST In single-family areas, building height shall be limited to 30 feet above base flood ^ ^ elevation. 10 FOR AGAINST Parking on any landscaped area shall be prohibited. 11 In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or ^ other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside of a garage shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. 12 In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, FOR AGAINST commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (Please turn over to finish voting) • COMPARISON OF PROPOSED ISLA ESTATES NCOD REGULATIONS & THE CITY DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Single-family dwellings (including community Single-family dwellings (including community residential homes with up to 6 residents), utility/ Ballot Item l -Permitted Uses residential homes with up to 6 residents) and infrastructure facilities, attached dwellings, for Single Family Areas utility/infrastructure facilities. schools, non-residential off-street parking, and parks and recreation facilities. Ballot Item 2 -Minimum Lot 7,500 sf 5,000 sf Size for Sin le Famil Areas Building Setbacks for Single- familyAreas Princi al Structures Ballot Item 3 -Front 25' 25' Ballot Item 4 -Side 7.5' S' Ballot Item 5 -Rear non-waterfront - 15' non-waterfront - 15' waterfront - 25' - if adjacent structures are set at waterfront - 25' - if adjacent structures are set at 20', then re aired setback is 20'. 20', then re aired setback is 20'. AecessoStructures ' (including pool enclosures) Ballot Item 6 -Side 7.5' S' Ballot Item 7 -Rear 10' 10' Any pool exceeding 1' in height above grade shall Ballot Item 8 -Elevated Pools comply with the required rear setback for the Same requirement -through policy rinci al structure. Ballot Item 9 -Building Height 30' above the base flood elevation 30' above the base flood elevation for Sin le-Famil Areas Ballot Item 10 - Parking on Parking on any landscaped area shall be Allows 1 car to be parked on lawn next to Landscaped Areas for All Areas rohibited. drivewa . All boats, personal watercraft, recreation vehicles, Boats in excess of 20 ft, hauling trailers, recreational trailers, commercial vehicles, race cars, dune buggies, vehicles, travel trailers, motor homes, camping trailers, farm equipment, go karts, ATV's or other similar semi-trailer trucks, any commercial vehicle (in excess vehicles shall be required to be parked in a QaraQe The of 20 ft length, 7 ft width, or seven ft height), race cazs, Ballot Item l l -Parking of temporary parking of such vehicles outside of a garage dune buggies, farm equipment, go karts, ATVs, or Certain Vehicles for Single- shall be permitted for no more than four (4) other similar vehicles shall not be narked within anv family Areas consecutive days no more than twice a month. re~c wired front setback. Commercial vehicles during the Commercial vehicles may be parked outside of garages actual performance of a service at the premises is if onsite to actively conduct business on the premises. allowed. Loading/unloading/ cleaning of vehicles Parking of personal automobiles and motorcycles allowed provided completed with 6 hours twice a shall be permitted outside of the garage in a driveway. month. All boats, persona] watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar Boats in excess of 20 ft, hauling trailers, recreational vehicles shall be prohibited to be narked between any vehicles, travel trailers, motor homes, camping trailers, portion of the principal structure and anv right-of--way semi-trailer trucks, any commercial vehicle (in excess line. The temporary parking of such vehicles within of 20 ft length, 7 ft width, or seven ft height), race cazs, Ballot Item l2 -Parking of the front setback shall be permitted for no more than dune buggies, farm equipment, go karts, ATVs, or Certain Vehicles for Multi- four (4) consecutive days no more than twice a month. other similar vehicles shall not be parked with in anv family Areas Commercial vehicles may be parked between any required front setback. Commercial vehicles during the portion of the principal structure and any right-of--way actual performance of a service at the premises is line, if onsite to actively conduct business on the allowed. Loading unloading/ cleaning of vehicles premises. Parking of personal automobiles and allowed provided completed with 6 hours twice a motorcycles shall be permitted between any portion of month. the principal structure and any right-of--way line in a paved parking area. r~ COMPARISON OF PROPOSED ISLA ESTATES NCOD REGULATIONS & THE C Y DEVELOPMENT CODE Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Fences for All Areas Ballot Item l3 -Front Fences All fences shall be prohibited between any portion of Allows 3' fences in front and corner side yards. the principal structure and any right-of--way line. Ballot Item l4 -Side Fences Fences shall not exceed 6 feet in height between any Allows fences in the side yard up to 6 feet in portion of the principal structure and any side lot line. height. For waterfront properties, fences shall not exceed 3 Fences in the rear yards abutting the water must Ballot Item 15 -Rear Fences feet in height between the rear building setback line not exceed 3' in height or 4' in height if enclosing and the seawall. If the fence encloses a pool, it may be a pool. Fence in rear yards not abutting the water 4 feet in height. may be up to 6' in height. Ballot Item l6 -Rear Fences All fences between the rear building setback line and Fences in the rear yards abutting the water must the seawall shall be non-opaque (see-through.) benon-opaque (see-through.) All trash containers, dumpsters and mechanical equipment shall be screened from the rights-of--way, adjacent property and the water. Provision shall apply All dumpsters and mechanical equipment shall be Ballot Item 17 -Screening for to new construction. If improvements are made to any screened from rights-of--way and adjacent all Areas structure exceeding 50% of the value appraised by the Pinellas County Property Appraiser's Office, then the Property. screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Use of gravel, stones, cinders and other similar Ballot Item 18 -Landscaping for material in any yard shall be prohibited unless All yards not covered with a building shall be all Areas included as an integral, but minor, element of a landscaped with grass or other ground cover. landscaping plan. Ballot Item 19 -Landscaping In the single-family areas, 35% of the area No landscaping requirement as such. 65% of Coverage For Single-family between any portion of the principal structure and entire lot may be covered with impervious Areas an ri ht-of-wa line shall be landsca ed. surfaces (building, avement, ool area, etc.) Ballot Item 20 -Landscaping In the multi-family areas, 25% of the area No landscaping requirement as such. 75%-85% Coverage For Multi-family Areas between any portion of the principal structure and of entire lot may be covered with impervious an ri ht-of-wa line shall be landsca ed. surfaces (building, avement, ool area, etc.) Ballot Item 21 -Minimum In single-family areas, the minimum rental period City code does not regulate, however, the Rental Periods for Single-family shall be 90 days. Countywide Rules of the Pinellas Planning Areas Council im oses 30 da minimum. Outdoor storage is prohibited nor may goods and The storage of commercial fishing and crabbing materials be stored in any manner which is visible Ballot Item 22 -Outdoor equipment shall be prohibited on any residential from the public right-of--way or from abutting Storage for all Areas properties. Equipment, materials or furnishings property. not designed for outdoor use may not be stored outdoors. Deviations from Code requirements for at-grade structures and/or the expansion of existing non- Review and approval for certain uses and/or conforming side and/or rear setbacks maybe deviations related to dimensional requirements for approved through a flexible standard approval accessory and primary structures maybe Ballot Item 23 -Deviations for process. Flexible standard approval includes a reviewed and approved through a flexible all Areas recommendation by the City Development standard development (approved by staff). Review Committee and final decision by the Certain uses and dimensional requirements Community Development Coordinator. All other require review and approval by the Community deviations must be approved by the Community Development Board (flexible development). Development Board at a public hearing. Total Total Total Island Estates Ballot Total Tally Votes Votes No Vote Votes Percent Percent For A ainst Cast Cast For Against Item 1 In single-family areas, permitted uses shall be restricted to single-family dwellings (including 225 192 4 ° o communi residential homes with u to 6 residents and infrastructure/utili ty p ) ty installations. 417 54.0 /° 46.0 /o Item 2 In sin le-family areas, the minimum lot size shall be 7,500 s uare feet. 223 193 5 416 53.6% 46.4% Item 3 In sin te-family areas, front building setbacks for rincipal structures shall be 25 feet. 238 175 8 413 57.6% 42.4% Item 4 In single-family areas, side building setbacks for principal structures shall be 7.5 feet. 215 202 5 417 51.6% 48.4% In single-family areas, rear building setbacks for principal structures shall be 15 feet for non- Item 5 waterfront lots and 25 feet for waterfront lots. If adjacent structures on either side of a 218 197 6 415 52.5% 47.5% waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. It 6 In single-family areas, side building setbacks for accessory structures, including screened em ool enclosures shall be 7.5 feet. 197 220 4 417 47.2% 52.8% Item 7 In single-family areas, rear building setbacks for accessory structures, including screened 235 181 5 416 56 5% 43 5% ool enclosures shall be 10 feet. . . Item 8 Any pool exceeding 1 foot in height above grade shall comply with the required rear setback 217 197 7 414 52 4% 47 6% for the rinci al structure. . . Item 9 In single-family areas, building height shall be limited to 30 feet above base flood elevation. 225 192 4 417 54.0% 46.0% Item 10 Parkin on an landsca ed area shall be rohibited. 237 181 3 418 56.7% 43.3% In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside Item 11 of a garage shall be permitted for no more than four (4) consecutive days no more than 213 206 2 419 50.8% 49.2% twice a month. Commercial vehicles maybe parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right- of-way line. The temporary parking of such vehicles within the front setback shall be Item 12 permitted for no more than four (4) consecutive days no more than twice a month. 218 199 4 417 52.3% 47.7% Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. FILE i r: Total Total Total Island Estates Ballot Total Tally (cont.) Votes Votes No Vote Votes Percent Percerrt For A ainst Cast Cast For Against Item 13 All fences shall be prohibited between any portion of the principal structure and any right-of- 173 242 6 415 41.7% 58.3% wa line. Item 14 Fences shall not exceed 6 feet in height between any portion of the principal structure and 218 200 3 418 52 2% 47 8% an side lot line. . . It 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear building em setback line and the seawall. If the fence encloses a pool, it may be 4 feet in height. 210 207 4 417 50.4% 49.6% Item 16 All fences between the rear building setback line and the seawall shall be non-opaque (see- 214 200 7 414 51 7% 48 3% throu h. . . All trash containers, dumpsters and mechanical equipment shall be screened from the rights of-way, adjacent property and the water. Provision shall apply to new construction. If Item 17 improvements are made to any structure exceeding 50% of the value appraised by the 209 208 4 417 50.1 % 49.9% Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Item 18 Use of gravel, stones, cinders and other similar material in any yard shall be prohibited 216 202 3 418 51 7% 48 3% unless included as an inte ral but minor element of a landsca in Ian. . . Item 19 In single-family areas, 35% of the area between any portion of the principal structure and 203 214 4 417 48 7% 51 3% an ri ht-of-wa line shall be landsca ed. . . Item 20 In multi-family areas, 25% of the area between any portion of the principal structure and 217 201 3 418 51 9% 48 1 an ri ht-of-wa line shall be landsca ed. . . Item 21 In sin le-famil areas, the minimum rental eriod shall be 90 da 199 221 1 420 47.4% 52.6% Item 22 The storage of commercial fishing and crabbing equipment shall be prohibited on any 232 186 3 418 55 5% 44 5% residential ro e . . Deviations for at-grade structures and/or the expansion of existing non-conforming side andlor rear setbacks may be approved through a flexible standard approval process. Item 23 Flexible standard approval includes a recommendation by the City Development Review 202 213 6 415 48.7% 51.3% Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Setback items that could be paired Parking items that could be paired Landscapign items that could be paired Items that did not receive 51 % or more of the vote and are not paired with another item S:\Planning Department\NCOD\Island Estates\ballot Total ballots 641 Total ballots not returned 220 Total ballots returned 421 Percentage returned 65.7% FILE • ORDINANCE NO. 6981-02 • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: S:\Planning Department\NCOD\ISLAND ESTATES\resolution and ordinances\Text Amendment\IE TA Ord 6981- 02.doc Ordinance No. 6981-02 • • Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island Estates Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1602 Island Estates Neig_hborhood Conservation Overlay District. A. Intent and Purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on August 8, 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neighborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. B. Jurisdictional Boundaries. The Island Estates Neighborhood Conservation Overlay District ~IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor, known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway, less and except the following described tracts: (1) All of Block C, and Lots 1-3, 7, 9-13, Block D, and the westerly 61 feet of the vacated right-of-way of Dory Passage, Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Paqe 34, of the Public Records of Pinellas CountLr Florida; (2) Begin at the most easterly corner of Lot 13, Block D of Unit 5 Island Estates of Clearwater; as recorded in Plat Book 51, Paqe 34, of the Public Records of Pinellas County, Florida; thence N49°23'41 "W, 100.00 feet; thence N04°23'41 "W, 71_.42_feet, to a point on a curve to the left; thence along the arc of said curve, having a radius of 70.00 feet, a chord bearing of N75°47'40"E, a chord length of 23.86 feet, 23.98 feet; thence S49°23'41"E, 136.75 feet; thence S08°12'32"E, 81.05 feet• thence S40°36'19"W 16.63 feet• thence N49°23'41 "W 61.00 feet to the Point of Beginning; (3) Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of the Public Records of Pinellas County, Florida; (4) the land bounded on the north by Dory Passage, on the south by Windward Passage, on the west by Larboard Way and on the east by Island Way. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Island Estates Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. Ordinance No. 6981-02 • • D. Minimum standard development for areas zoned LMDR/IENCOD. The following uses are Level One permitted uses in the LMDR/IENCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1601(D). "LM DR/IENCOD" Minimum Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. ft. 1 Parkin Front Side Rear 2 Accessory pools and screen enclosures 5 10 Community Residential Homes (up to 7,500 50 25 7.5 15 30 2/unit 6 residents) Detached Dwellings 7,500 50 25 7.5 15 30 2/unit (1) _In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in the LMDR/IENCOD District should be 25 feet except as provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and exceet where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Buildina Code may require the rear setback to be at least 18 feet from a seawall. Ordinance No. 6981-02 • • E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section .and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Standard Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street s . ft. ft. ft. 1 Parkin Front Side Rear 2 Detached 7 500 50 15-25 7 5 5 - 15 30 2/unit Dwellings , _ Residential Infill ' n/a n/a 15-25 3-7.5 5 - 15 30 2/unit Pro ect 3 - - - Utility/ Infrastructure n/a n/a 25 10 15 n/a n/a Facilities (4) - - - - - - - (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Anv pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as .provided in Article 3, Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.E.2. (4) Utility/infrastructure uses shall not exceed three acres. Anv such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 1. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; ii. The reduction in front setback will not adversely affect adjacent property values; Ordinance No. 6981-02 • • iii. The reduction in front setback is consistent with neighborhood character; iv. The reduction in front setback results in an efficient house layout. c. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or ii. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible; or iii. The reduction in rear setback results in an efficient house layout; and iv. The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adiacent properties. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adiacent land uses; f. The development of the parcel proposed for development as a residential infill_pro'tect will upgrade the immediate vicinity of the parcel proposed for development; Ordinance No. 6981-02 ~ • g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neighborhood; c. No above ground structures are located adjacent to a street right-of-way; and d. Any above ground structure other than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LM DR/IENCOD" Flexible Development Min. Lot Min. Lot Max. Min. Off- Use Area s . ft. Width ft. Min. Setbacks (ft.) Height ft. 1 Street Parkin Front Side Rear 2 Detached 4,500 - 25 - 50 15 - 25 3 - 7.5 5 - 15 30 2/unit Dwellings Residential Infill 7,500 n/a n/a 10 - 25 0 - 7.5 0 - 15 30 1/unit Pro'ect 3 (1) In special flood hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. Ordinance No. 6981-02 • • (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure. Waterfront detached dwellings in LMDR/IENCOD District should be 25 feet except as provided in Article 3 Division 8 Section 3-805 and Division 9, Section 3-904 and except where adiacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 1. Detached Dwellings. c. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling of less than 7,500 square feet is an existing lot or a lot size of less than 7,500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; not more' than ten percent greater than.' the average volume to lot size 'ratio of all existing structures I©cated on `.the same local street and within d. Front setback: i. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; ii. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of- way; iii. The reduction in front setback will not adversely affect adiacent property values; e. Rear setback: i. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; ii. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or Ordinance No. 6981-02 • iii. The reduction in rear setback will result in an efficient house layout. f. Side setback: The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residentiallnfill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting Qroperties; e. The uses within the residential infill project are compatible with adjacent land uses; f. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width, required setbacks, height, off-street parking, access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional development standards for single-family areas zoned LMDR/IENCOD 1. Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area; 2. Fences. Ordinance No. 6981-02 • • a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through); 3. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in any_yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan; and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on anv residential property. H. Additional develo ment standards for multi-famil areas zoned MDR/IENCOD MHDR/IENCOD, HDR/IENCOD and C/IENCOD. 1. Parking. a. The parking of any type of vehicle, trailer, boat, personal watercraft, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. b. All boats,. personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, qo karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-wav line. The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month. Commercial vehicles may be parked between anv portion of the principal structure and any right-of-wav line in multi-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of--wav line. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through. Ordinance No. 6981-02 • ~ 3. Landscaping Requirements. a. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. b. Twenty-five percent (25%) of the area between any portion of the principal structure and any right-of-way line shall be landscaped. 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. 1. Additional development standards for areas zoned 1/IENCOD. 1. Landscaping Requirements. Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. Section 2. This ordinance shall take effect on September 9, 2002. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 10 Ordinance No. 6981-02 • Nica~lemus, Sherrie From: Tarapani, Cyndi Sent: Wednesday, April 24, 2002 1:02 PM 2 To: Wilson, Denise A. ~~~ (~ ` Cc: Nicodemus, Sherrie; Clayton, Gina ~ ~Zi ~2, ~~~ , Subject: RE: Commission Request ~ v~j~ ~ OZ / The Island Estates vote will be tabulated starting tomorrow, Thursday, April 25 and we w have the results on line on Planning's ~veb site early next week. The vote is considered a "straw vote" that will indicate the level of support for each proposed new development regulation. The first public hearing with the CDB is scheduled for May 21. The City Commission is scheduled to review the applications on June 20. Let me know if you need more information. Thanks. -----Original Message----- From: Wilson, Denise A. Sent: Wednesday, April 24, 2002 9:21 AM To: Tarapani, Cyndi Cc: Nicodemus, Sherrie Subject: Commission Request Importance: High Bill received a request from a Commissioner regarding the Island Estates NCOD. The Commission's question is "what is the current status?" Please provide me your response by next Wednesday afternoon. Thanks. Denise • CDB Meeting Date: June 18, 2002 Agenda Item: D.1. CITY OF CLEARWATER PLANNING DEPARTMENT • STAFF REPORT ISLAND ESTATES NEIGHBORHOOD PLAN REQUEST: Approval of the Island Estates Neighborhood Plan INITIATED BY: Island Estates Neighborhood and City of Clearwater Planning Department BACKGROUND INFORMATION: Neighborhood Conservation Overlay District When the City of Clearwater adopted its new Community Development Code in 1999 a new planning tool known as the Neighborhood Conservation Overlay District (NCOD) was established. The purpose of the NCOD is to ensure that redevelopment activities and infill in existing stable neighborhoods are consistent with the existing character of the neighborhood. The NCOD has a list of nine criteria that neighborhoods must meet in order to be eligible for the designation. Once it has been determined that a neighborhood complies with the criteria, including that owners of sixty percent (60%) of the real property within the neighborhood agree to pursue the NCOD, the process begins. The neighborhood, in conjunction with City staff, must prepare a special area plan that includes goals and objectives. In addition, a neighborhood may develop a unique set of development standards that are consistent with the neighborhood plan and appropriate to protect the health, safety and general welfare of the neighborhood. Once the City Commission approves the plan, the NCOD is to be applied to the zoning atlas and the development standards of the NCOD added to the Community Development Code. The purpose of the neighborhood plan is to provide a framework for neighborhood enhancement, change, and maintenance. It will serve as an official document for Island Estates and the City of Clearwater. It should be used to coordinate public and private initiatives, as well as to provide the basis for the implementation of development standards unique to the neighborhood. 1 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • Island Estates Neighborhood and NCOD Planning Process The Island Estates neighborhood is located on the west side of the city, between Clearwater Beach and downtown Clearwater. Map 1 shows the location of Island Estates within the City of Clearwater. It is approximately 210 acres in area. Island Estates is a unique neighborhood within the City of Clearwater in that almost every property is on the waterfront. The neighborhood consists of a series of islands and peninsulas that were created through a dredge and fill process. The land for the neighborhood was filled during the 1950s and 1960s. According to Pinellas County plat books, the island was platted for development between 1957 and 1969. With only one ingress/egress, which is located on the Memorial Causeway, the neighborhood is geographically isolated from the rest of the City. Most of the neighborhood has residential land use, ranging from large single-family homes to multi-story, multi-unit condominiums. Island Estates is the second neighborhood to use the NCOD. The neighborhood became interested in the NCOD because its members want to maintain the existing character and established standards of the neighborhood. They were concerned that lack of compliance with various deed restrictions, lack of compliance with existing City code and the potential for flexibility from existing standards would change the character of the neighborhood. They worried that such lack of compliance could ultimately lead to a decline in property values and neighborhood stability. The neighborhood believes that the implementation of the NCOD will achieve its objective to keep Island Estates a strong and viable neighborhood. In December 2000, a group of Island Estates citizens presented petitions of approval from property owners to the City Planning Department to pursue an overlay district. The petition stated, "Yes, I, the undersigned, petition the City of Clearwater to initiate the process to establish Island Estates as a Neighborhood Conservation Overlay District." On April 19, 2001, the Island Estates neighborhood was approved by the City Commission to proceed with planning for an overlay district. When the Island Estates NCOD was initially proposed, it was to include only the single-family areas (zoned Low Medium Density Residential) of the neighborhood. There were 574 properties in the proposed overlay district. Owners from 367 separate properties signed and returned petitions. Once these petitions from sixty-four percent (64%) of the property owners were received, the City Commission initiated the planning process, which included public meetings and the establishment of a citizen study committee. The study committee is composed of eleven (11) residents who committed much time, energy and expertise to the project. From the first few study committee meetings, it was determined that the overlay district should include all residential properties (single-family and multi-family) in the neighborhood as well as St. Brendan's Church. In order to do this, the study committee proposed to expand the NCOD by 51 additional multi-family residential properties for a total of 625 properties. These include properties ranging from duplexes to multi-storied condominiums. Petitions of approval were received from 395, or sixty-three percent 2 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • (63%), of these property owners. This expansion added properties in Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial zoning districts. The boundary expansion was presented to the City Commission on September 6, 2001 and approved unanimously. Between September 2001 and February 2002, a total of seven (7) public meetings with the neighborhood were held. All the neighborhood planning meetings were held at St. Brendan's Church on Dory Passage in Island Estates. Notice was given to all Island Estates properties through a letter describing the NCOD process and inviting all property owners to attend the meetings. The dates and times of each meeting were included in the notice. In addition, the public was noticed through the City Clerk's department, on the City web page and on an electronic signboard placed on Island Way several days prior to each meeting. The first meeting included an overview of the NCOD and a brainstorming session for neighborhood strengths and weaknesses. At the second meeting the strengths and weaknesses from the first meeting were reviewed, discussed in small groups, and then ranked to determine the neighborhood's priorities. At the third meeting, the residents broke into small groups and discussed goals and objectives that could help emphasize the strengths and ameliorate the weaknesses. The fourth meeting included a presentation of general development standards and a ranking exercise for those standards. This ranking exercise proved to be very important to the development of the plan. From the results, the more comprehensive list of objectives and development regulations was established. At the fifth meeting, the proposed development standards were compared to the current City code and the neighborhood deed restrictions. The sixth meeting consisted of a presentation of the preliminary text of the neighborhood plan, including the development regulations. The residents provided comments that were incorporated into the final draft. At the seventh meeting, the plan was reviewed for the final time before being submitted for approval to the City Commission. In addition, the procedure and schedule for voting on proposed development standards was announced. The Island Estates Neighborhood Plan contains an Introduction (pp. 1-12) describing the NCOD, the Island Estates planning process, a description of the neighborhood, and a description of the Island Estates Civic Association. The next section of the plan (pp. 13- 14) delineates the strengths and weaknesses identified by Island Estates citizens. The top strengths for the neighborhood include the flexibility of not being in overlay district, access to reclaimed water, well-maintained property, and access to good services such as grocery, gas station, store, bank and park. Other strengths that emerged as significant are the Civic Association, the Clearwater Marine Aquarium, the several annual neighborhood events, and waterfront accessibility. Most people enjoy the boating lifestyle, the water views, and the higher property values associated with waterfront property. 3 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • In addition to strengths, the neighbors identified the aspects of Island Estates that could use improvement. Despite that the neighbors are satisfied with the general upkeep and appearance of the community, most of these address specific issues that detract from the appearance of the area. These include the presence of aboveground power lines, presence of gravel yards, lack of yard maintenance, parking issues, and building setbacks. Other weaknesses include lack of water flow through the canals, contaminants being dumped into the canals, speeding vehicles on neighborhood streets, and variations from existing city codes. The third section of the Neighborhood Plan describes neighborhood Goals and Objectives in seven categories (pp. 17- 22): Neighborhood Amenities, Waterfront and Canals, Traffic and Street Use, Neighborhood Appearance and Maintenance, Character of Redevelopment, Utilities and Infrastructure, and Minimum Rental Periods. The goals for these categories are listed below. The Objectives generally describe ways that the goals may be reached in the neighborhood. The Neighborhood Amenities goal is to continue to enhance the neighborhood amenities that make Island Estates appealing and attractive to its residents, property owners and businesses. The Waterfront and Canals goal is to maintain safety, views, access, and water quality along the Island Estates waterfront. The Traffic and Street Use goal is to maintain pedestrian and vehicular safety in all public rights-of--way on Island Estates. The Neighborhood Appearance and Maintenance goal is to maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. The Character of Redevelopment goal is to ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. The Utilities and Infrastructure goal is to maintain and improve existing public utilities in order to protect neighborhood aesthetics and safety. The Minimum Rental Periods goal is to minimize the disruption associated with short-term rentals in the single-family areas of Island Estates. The fourth section of the plan (pp. 23-31) describes the implementation of the plan through development standards, neighborhood requirements, and other strategies. A set of development standards has been developed that will help implement the goals and objectives of this plan. The standards include regulations for permitted uses, minimum lot size, building setbacks, building height, parking on private property, fences, screening, landscaping, minimum rental period, outdoor storage, and deviations from these standards. Beside development regulations, the plan includes neighborhood activities that will help further the goals and objectives. The Island Estates Civic Association (IECA) has volunteered to take responsibility for this aspect of plan implementation. They propose to educate the neighbors about the NCOD, the plan and the regulations and they propose to provide the initial means of enforcement for the development regulations. 4 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • The Community Development Board is reviewing the plan in its capacity as the Local Planning Agency (LPA). The Board should make a recommendation regarding the Plan to the City Commission. CONSISTENCY WITH COMPREHENSIVE PLAN The Island Estates Neighborhood Plan furthers Goal 2 of the Clearwater Comprehensive Plan, which states that "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." The Plan is innovative in the sense that it promotes amendments to the Community Development Code that are specifically geared to protecting the unique characteristics of the Island Estates neighborhood. The Plan provides the neighborhood, as well as the City, strategies for ensuring neighborhood preservation and appropriate redevelopment. SUMMARY AND RECOMMENDATION: The Island Estates Neighborhood Plan is evidence of the neighborhood's desire to maintain existing neighborhood standards and quality of life. It provides a framework for neighborhood enhancement and changes and will serve as an official document of the neighborhood and the City. This special area plan will be used to coordinate public and private initiatives, as well as provide the basis for the implementation of the Island Estates Neighborhood Conservation Overlay District. The Island Estates Neighborhood Plan is also consistent with the Clearwater Comprehensive Plan. The Planning Department Staff recommends APPROVAL of Resolution No. 02-23 that adopts the Island Estates Neighborhood Plan. Prepared by: Lochen Wood ATTACHMENTS: Resolution No. 02-23 Island Estates Neighborhood Plan 5 S:~Planning DepartmentWCOD~Island Estates~resolution and ordinances~Plan1IE Plan Staff Report.doc • • RESOLUTION NO.02-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE ISLAND ESTATES NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Island Estates neighborhood submitted an application for designation as a Neighborhood Conservation Overlay District, and the City Commission determined that Island Estates met the criteria set forth in Community Development Code Section 4-6088 for such designation, and appointed a study committee to develop a Neighborhood Plan preparatory to implementing a zoning overlay and associated text amendments, and all prerequisites to district designation have been met; and WHEREAS, the City and the Island Estates residents met and developed goals and policies for the neighborhood to protect and preserve neighborhood character; and WHEREAS, neighborhood planning is an important part of the comprehensive planning process for abuilt-out community; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this plan is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; and WHEREAS, in order to proceed with the zoning overlay and text amendments it is necessary for the City of Clearwater to approve the Island Estates Neighborhood Plan; and WHEREAS, the adoption of a zoning overlay and text amendments as contemplated in the Island Estates Neighborhood Plan will provide a means of ensuring that infill and redevelopment activities in the Island Estates neighborhood, which requires special consideration, are consistent with the protection of the existing neighborhood character; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Island Estates Neighborhood Plan, attached hereto as Exhibit "A," is hereby approved by the City of Clearwater. S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Resolution 02-23.doc Resolution No. 02-23 ~i '.~ • ~ Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2002. Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2 Attest: Cynthia E. Goudeau City Clerk S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Resolution 02-23.doc Resolution No. 02-23 CDB Meeting Date: May 21, 2002 Agenda Item: D.3. ~~~~ ~ i~ ~ CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT ISLAND ESTATES NEIGHBORHOOD PLAN REQUEST: Approval of the Island Estates Neighborhood Plan INITIATED BY: Island Estates Neighborhood and City of Clearwater Planning Department BACKGROUND INFORMATION: Neighborhood Conservation Overlay District When the City of Clearwater adopted its new Community Development Code in 1999 a new planning tool known as the Neighborhood Conservation Overlay District (NCOD) was established. The purpose of the NCOD is to ensure that redevelopment activities and infill in existing stable neighborhoods are consistent with the existing character of the neighborhood. The NCOD has a list of nine criteria that neighborhoods must meet in order to be eligible for the designation. Once it has been determined that a neighborhood complies with the criteria, including that owners of sixty percent (60%) of the real property within the neighborhood agree to pursue the NCOD, the process begins. The neighborhood, in conjunction with City staff, must prepare a special area plan that includes goals and objectives. In addition, a neighborhood may develop a unique set of development standards that are consistent with the neighborhood plan and appropriate to protect the health, safety and general welfare of the neighborhood. Once the City Commission approves the plan, the NCOD is to be applied to the zoning atlas and the development standards of the NCOD added to the Community Development Code. The purpose of the neighborhood plan is to provide a framework for neighborhood enhancement, change, and maintenance. It will serve as an official document for Island Estates and the City of Clearwater. It should be used to coordinate public and private initiatives, as well as to provide the basis for the implementation of development standards unique to the neighborhood. 1 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • Island Estates Neighborhood and NCOD Planning Process The Island Estates neighborhood is located on the west side of the city, between Clearwater Beach and downtown Clearwater. Map 1 shows the location of Island Estates within the City of Clearwater. It is approximately 210 acres in area. Island Estates is a unique neighborhood within the City of Clearwater in that almost every property is on the waterfront. The neighborhood consists of a series of islands and peninsulas that were created through a dredge and fill process. The land for the neighborhood was filled during the 1950s and 1960s. According to Pinellas County plat books, the island was platted for development between 1957 and 1969. With only one ingress/egress, which is located on the Memorial Causeway, the neighborhood is geographically isolated from the rest of the City. Most of the neighborhood has residential land use, ranging from large single-family homes to multi-story, multi-unit condominiums. Island Estates is the second neighborhood to use the NCOD. The neighborhood became interested in the NCOD because its members want to maintain the existing character and established standards of the neighborhood. They were concerned that lack of compliance with various deed restrictions, lack of compliance with existing City code and the potential for flexibility from existing standards would change the character of the neighborhood. They worried that such lack of compliance could ultimately lead to a decline in property values and neighborhood stability. The neighborhood believes that the implementation of the NCOD will achieve its objective to keep Island Estates a strong and viable neighborhood. In December 2000, a group of Island Estates citizens presented petitions of approval from property owners to the City Planning Department to pursue an overlay district. The petition stated, "Yes, I, the undersigned, petition the City of Clearwater to initiate the process to establish Island Estates as a Neighborhood Conservation Overlay District." On April 19, 2001, the Island Estates neighborhood was approved by the City Commission to proceed with planning for an overlay district. When the Island Estates NCOD was initially proposed, it was to include only the single-family areas (zoned Low Medium Density Residential) of the neighborhood. There were 574 properties in the proposed overlay district. Owners from 367 separate properties signed and returned petitions. Once these petitions from sixty-four percent (64%) of the property owners were received, the City Commission initiated the planning process, which included public meetings and the establishment of a citizen study committee. The study committee is composed of eleven (11) residents who committed much time, energy and expertise to the project. From the first few study committee meetings, it was determined that the overlay district should include all residential properties (single-family and multi-family) in the neighborhood as well as St. Brendan's Church. In order to do this, the study committee proposed to expand the NCOD by 51 additional multi-family residential properties for a total of 625 properties. These include properties ranging from duplexes to multi-storied condominiums. Petitions of approval were received from 395, or sixty-three percent 2 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc ~ • (63%), of these property owners. This expansion added properties in Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional and Commercial zoning districts. The boundary expansion was presented to the City Commission on September 6, 2001 and approved unanimously. Between September 2001 and February 2002, a total of seven (7) public meetings with the neighborhood were held. All the neighborhood planning meetings were held at St. Brendan's Church on Dory Passage in Island Estates. Notice was given to all Island Estates properties through a letter describing the NCOD process and inviting all property owners to attend the meetings. The dates and times of each meeting were included in the notice. In addition, the public was noticed through the City Clerk's department, on the City web page and on an electronic signboard placed on Island Way several days prior to each meeting. The first meeting included an overview of the NCOD and a brainstorming session for neighborhood strengths and weaknesses. At the second meeting the strengths and weaknesses from the first meeting were reviewed, discussed in small groups, and then ranked to determine the neighborhood's priorities. At the third meeting, the residents broke into small groups and discussed goals and objectives that could help emphasize the strengths and ameliorate the weaknesses. The fourth meeting included a presentation of general development standards and a ranking exercise for those standards. This ranking exercise proved to be very important to the development of the plan. From the results, the more comprehensive list of objectives and development regulations was established. At the fifth meeting, the proposed development standards were compared to the current City code and the neighborhood deed restrictions. The sixth meeting consisted of a presentation of the preliminary text of the neighborhood plan, including the development regulations. The residents provided comments that were incorporated into the final draft. At the seventh meeting, the plan was reviewed for the final time before being submitted for approval to the City Commission. In addition, the procedure and schedule for voting on proposed development standards was announced. The Island Estates Neighborhood Plan contains an Introduction (pp. 1-12) describing the NCOD, the Island Estates planning process, a description of the neighborhood, and a description of the Island Estates Civic Association. The next section of the plan (pp. 13- 14) delineates the strengths and weaknesses identified by Island Estates citizens. The top strengths for the neighborhood include the flexibility of not being in overlay district, access to reclaimed water, well-maintained property, and access to good services such as grocery, gas station, store, bank and park. Other strengths that emerged as significant are the Civic Association, the Clearwater Marine Aquarium, the several annual neighborhood events, and waterfront accessibility. Most people enjoy the boating lifestyle, the water views, and the higher property values associated with waterfront property. 3 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • In addition to strengths, the neighbors identified the aspects of Island Estates that could use improvement. Despite that the neighbors are satisfied with the general upkeep and appearance of the community, most of these address specific issues that detract from the appearance of the area. These include the presence of aboveground power lines, presence of gravel yards, lack of yard maintenance, parking issues, and building setbacks. Other weaknesses include lack of water flow through the canals, contaminants being dumped into the canals, speeding vehicles on neighborhood streets, and variations from existing city codes. The third section of the Neighborhood Plan describes neighborhood Goals and Objectives in seven categories (pp. 17- 22): Neighborhood Amenities, Waterfront and Canals, Traffic and Street Use, Neighborhood Appearance and Maintenance, Character of Redevelopment, Utilities and Infrastructure, and Minimum Rental Periods. The goals for these categories are listed below. The Objectives generally describe ways that the goals may be reached in the neighborhood. The Neighborhood Amenities goal is to continue to enhance the neighborhood amenities that make Island Estates appealing and attractive to its residents, property owners and businesses. The Waterfront and Canals goal is to maintain safety, views, access, and water quality along the Island Estates waterfront. The Traffic and Street Use goal is to maintain pedestrian and vehicular safety in all public rights-of--way on Island Estates. The Neighborhood Appearance and Maintenance goal is to maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. The Character of Redevelopment goal is to ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood. The Utilities and Infrastructure goal is to maintain and improve existing public utilities in order to protect neighborhood aesthetics and safety. The Minimum Rental Periods goal is to minimize the disruption associated with short-term rentals in the single-family areas of Island Estates. The fourth section of the plan (pp. 23-31) describes the implementation of the plan through development standards, neighborhood requirements, and other strategies. A set of development standards has been developed that will help implement the goals and objectives of this plan. The standards include regulations for permitted uses, minimum lot size, building setbacks, building height, parking on private property, fences, screening, landscaping, minimum rental period, outdoor storage, and deviations from these standards. Beside development regulations, the plan includes neighborhood activities that will help further the goals and objectives. The Island Estates Civic Association (IECA) has volunteered to take responsibility for this aspect of plan implementation. They propose to educate the neighbors about the NCOD, the plan and the regulations and they propose to provide the initial means of enforcement for the development regulations. 4 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc • • The Community Development Board is reviewing the plan in its capacity as the Local Planning Agency (LPA). The Board should make a recommendation regarding the Plan to the City Commission. CONSISTENCY WITH COMPREHENSIVE PLAN The Island Estates Neighborhood Plan furthers Goal 2 of the Clearwater Comprehensive Plan, which states that "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." The Plan is innovative in the sense that it promotes amendments to the Community Development Code that are specifically geared to protecting the unique characteristics of the Island Estates neighborhood. The Plan provides the neighborhood, as well as the City, strategies for ensuring neighborhood preservation and appropriate redevelopment. SUMMARY AND RECOMMENDATION: The Island Estates Neighborhood Plan is evidence of the neighborhood's desire to maintain existing neighborhood standards and quality of life. It provides a framework for neighborhood enhancement and changes and will serve as an official document of the neighborhood and the City. This special area plan will be used to coordinate public and private initiatives, as well as provide the basis for the implementation of the Island Estates Neighborhood Conservation Overlay District. The Island Estates Neighborhood Plan is also consistent with the Clearwater Comprehensive Plan. The Planning Department Staff recommends APPROVAL of Resolution No. 02-23 that adopts the Island Estates Neighborhood Plan. Prepared by: Lochen Wood ATTACHMENTS: Resolution No. 02-23 Island Estates Neighborhood Plan 5 S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Staff Report.doc ~ ~ ~ l~J ~~ ~ `~ • RESOLUTION NO. 02-23 • A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE ISLAND ESTATES NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. iTVHEREAS, the Island Estates neighborhood submitted an application for designation as a Neighborhood Conservation Overlay District, and the City Commission determined that Island Estates met the criteria set forth in Community Development Code Section 4-608B for such designation, and appointed a study committee to develop a Neighborhood Plan preparatory to implementing a zoning overlay and associated text amendments, and all prerequisites to district designation have been met; and WHEREAS, the City and the Island Estates residents met and developed goals and policies for the neighborhood to protect and preserve neighborhood character; and WHEREAS, neighborhood planning is an important part of the comprehensive planning process for abuilt-out community; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this plan is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; and WHEREAS, in order to proceed with the zoning overlay and text amendments it is necessary for the City of Clearwater to approve the Island Estates Neighborhood Plan; and WHEREAS, the adoption of a zoning overlay and text amendments as contemplated in the Island Estates Neighborhood Plan will provide a means of ensuring that infill and redevelopment activities in the Island Estates neighborhood, which requires special consideration, are consistent with the protection of the existing neighborhood character; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Island Estates Neighborhood Plan, attached hereto as Exhibit "A," is hereby approved by the City of Clearwater. S:\Planning Department\NCOD\Island Estates\resolution and ordinances\Plan\IE Plan Resolution 02- 23.doc Resolution No. 01-23 r Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of , 2001. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Resolution No. 01-23 Island Estates Ballot Tally Totals ~~~ ~~ 3 Pages 1.11 Pages 12.22 All Pages Total For Total against Total For Total Against Total ~ i`otal I~Against Item 1 Item 1 Zvi ` Item 2 _ Item 2 ~~ v Item 3 i ~ ~ Item 3 Item 4 ~ Item 4 ~~ ~ ~~ Item 5 ~ ~ Item 5 '~~ i Item 6 " ~ - ltem 6 ~ Item 7 ~ ~ Iltem 7 ~~~ "Item 8 } _ ~ ~- ~ Item 8 i - ~l Item 9 Item 9 ~~ Item 10 I Item 10 ~~ Item 11 Item 11 2 .Item 12 ~~~ ~~~ -- ~ ~ ~ i Item 12 --- Item 13 ~ Item 13 Item 14 - - Item 14 ~ Item 15 Item 15 D Item 16 ~±?m 16 '' ( Item 17 1 Item 17 I ~ Item 18 j ltem 18 ~ i Item 19 Item 19 --~ Item 20 -- -- Item 20 ~~ ~i Ptem 21 I - Item 21 ltem 22 I - ~ - ~- ~ - - Item 22 Item 23 Item 23 • • Island Estates Ballot Total Tallv Page Total For Page Total Against o Vote Total Percents' ge "For" Percents 9e "Against" a eecent No~''G' ~~ Vote" Item 1 225 192 4 421. 53.4% 45.6% 1.0% Item 2 '' 223 193 5 421 53.0% 45.8% 1.2% Item 3 238 175 8 421 56.5% 41.6% 1.9% Item 4 '' 215 202 4 421 51.1 % 48.0% 1.0% Item 5 218 197 6 421 51.8% 46.8% 1.4% ..Item 6 197 220 4 421 46.8% 52.3% 1.0% Item 7 235 181 5 421 55.8% 43.0% 1.2% Item 8 217 197 7 421 51.5% 46.8% 1.7% Item 9 225 192 4 421 53.4% 45.6% 1.0% Item 10 ' 237 181 3 421 56.3% 43.0% 0.7% Item 11 213 206 2 421 50.6% 48.9% 0.5% Item 12 1 4 421 51.8% 47.3% 1.0% Item 13 242 6 421 41.1% 57.5% 1.4% Item 14 ,, 218 200 3 421 51.8% 47.5% 0.7% Item 15 210 207 4 421 49.9% 49.2% 1.0% em' '16 2 7 421 50.8% 47.5% 1.7% Item 17 209 208 4 421 49.6% 49.4% 1.0% Item 18 2 2 3 421 51.3% 48.0% ~ 0.7% Item 19 20 4 421 48.2% 50.8% 1.0% Item .20. 217 201 3 421 51.5% 47.7% 0.7% Item 21 99 1 421 47.3% 52.5% 0.2% Item 22 23 186 3 421 55.1 % 44.2% 0.7% Item 23 202 213 6 421 48.0% 50.6% 1.4% V v 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Island Estates Ballot Tally Subtotals ~yrlm~~(j/dly 3 Q~', Z~~ Island Estates Ballot Tally Subtotals Page 12 Totals Page 13 Totals Page 14 Totals Page 15 Totals Page 16 Totals Page 17 Totals Page 18 Totals Page 19 Totals Page 20 Totals Page 21 Totals Page 22 Totals Pages 12-22 ". _ ,_,,_ For.- Against For Against For Against .Far Against For Against For Against For AgaGrst `I For Against For .Against For` Against or Against Total For Total Against Item 1 I / l! / ! ~ Q U ) ~1 /J / C/ - `~/, l `~ _ II ~ ~ I Item 1 - - - Item 2' f ~ ' J : ! V !! ~ ~~ ~~ ~ Item 2 Item3 !I ~% Y~ (j 1+ ~V: ~ ~ i~ !' i~ ~I /V 11em3 Item 4' - ( I I /l I ~~ / ` 1~ /~ /U _ n 'l/ ~ ~O I ~~ YV ~ ~ Item4 Item 5 / ~ ~~ / f I lO /~ `V I / I q l / I Item 5 Item,S a ~} ~ I V /~ ~V t f ~ ~ ~ I ~ /h iV I j'~ !V /~ U /r(} i ° ' Ill f V ~!L 17 Item 6 Item7 l~ ~ -- '"' !~ ~ J ! ll ~{/~ ~ ? l !~ I l ~a I O n V ' I't v / ! ~ ~ ~/ V ~- t t Item? ~ ~ +- _ - I em a I J 8 .-- o ~ _ _ ~ ~ ~~ ~ ~ 1 ~ ~ I V I -- Item 8 Item9 ~ ~/l; ~l ~ ~ll ~: Z 5 l~ ld D D I ly ~~ ~ l2 jltem9 I -- Item 10 '" ~~ ~ / f/ ~~ ~V ~Q ~~,. g ,~j ~~ ~ i Item 10 Item 11 Item 11 Item 12 ~ ~ ~ j I ~ ~ ~~ /~ !V r ~ r f ~f ~ ~j ~ / //G ~ 'LL LL Item 12 Item 13 - ~~ ~ ~~ ~~ ~~ LL ,,,, "lam ~~~ ~ ~ ~~ !~ ~~ ~ ~~ ~ _ ~ ~ --~ ~ _ Item 13 -- ~ Item 14 Item 15 ~ ~ /V ~~~ ~ ~U ~(J ~~ ~ ~~ ~ V ~/lf/ ~ li ~~--~ ~Q ~~ (/ ~ ~ ~ ~ ~'~ ~ ~~ I/~ l ~ n V ~ ~ ~ ~ I ~ Item 15 ~ ,_ Item 16 ~ _ Item 17 - ~ ~~ ~ I /~ ~~ ~ ~ 9 ~ O ~ U ~ / / IO ~ / ~ I ~~ II /J ~ L~ f ~ ~ ~ ~ . ~ -__ f Item 16 Item 17 ~ ' Item 18 ~' I ~ /~ ! ~! r -- ~ a I - ll ~- q 9 - ~ - V a . a Item 18 Item 19 ~ It 20 ~ I r _ / ~ ~ yj /v~ /a I r ~ f 111 ~a _ Z} (~ ~ / tem 19 --- em s - 1 ' _ ~+~. I V ~ l1 1 ,_ ~ ~ ~ ~ I tem 20 Item 21 I tem 21 Ilem 22 f ~.- -~- I ~ _ ~ L I ! ~ I Il ~~ ~ I l i ( ~ / I/ J Y I tem 22 Item 23 W / ~ /Z Z /3 ~ / I I U dU r I tem 23 Island Estates Ballot Tally Subtotals ~~ ~'~ i~~3 Island Estates Ballot Tally Subtotals Page 1 Totals Page 2 Totals Page 3 Totals Page 4 Totals Page 5 Totals Page 6 Totals Page 7 Totals Page 8 Totals Page 9 Totals Page 1D Totals Page 11 Totals Pages 1.11 Item 1 For ~ Against For ~~t1 ~~/ Against _ ~ For ~) V `Against ~1 ~V For ~~~ Against ,For ~~ Against For. Against ~ For ' Against For ~~ Against ~~ For: ~ Against ~~ For ~i f / Against .For Against ~ Ite1n 1 Total For Total Againsl Item 2 I ~ ~ ~ J ~_ ' ~~ V ~V ~~ ~ ~~ ~~ ~ ~~ ~ +" 1 ~j',, l j I m 2 Item 3 ~ ~ ~ ~ / ~! -/ ~ U ~~ ~~ ~~~ ~ ~~~ ~~ ~ ~ ~~ ~~ ~l ~ q l~ I em 3 Hem 4 Item 5 } Li i,~ `f r! __ / ~ ! J~ ! -/ /~- / r v/~J 1 / l! l ~ l'f/ ~V /l~!) /" I /'~ ~V / 1 / t/ /" '!' ~ ~ ~ / ~ ~ ,. / ,/ V m 4 kem 5 Item 6 Item 7 Item 8' Item s f !i ~~ ~~ /~ ~ qJ i ~ / /! / ~ i ~ ~ ~ _ ~ / ~ !~ / f / !(~ ~~ / l ~~ I II ~ / / ~ l~ / I( ~ ('~ J / ~n Llf' /j, 1 "! l ~ ~J ~~ ~ lI llO' ~ ~q "! l0 l v /~ /U ' ~ ~ I!/ ! ~~ ~[ ~) l v I /1 l V !j ~1~j ~~/ ~.' ~ ~~ _ ~ /~ l~ ~ "~ l~ / ' (i m 6 I m 7 Item 8 I m 9 -- ~ - Item 10 Z ~ ~~~ T ~ ~ / ~l IU 6~ l ~j- 11 0, 2 ~ /~ It m 10 Item 11 f /~ Item 12 ~/" __I! j/~ 1 ~' ~ __ ~I /l _ ~ ~~ ', / /~~ l v /U _~ ~~ ~ // ~ !/ h`' CJ /~ /U ~ ! _ / ~ YV /~ I `~ ~ ~ J ~~ / - / ~ ~ _ Item 11 I m 12 ~ _ ~ _ Item 13 ~~ ' I ~ ll I ~' / ~ ~ v I ~ / ~ ~ l Z l ~ l ~~ v `t" ~~ I n, 19 _ ' ~ _ Item 14 Item 15 tem 16 , ~~' fb --; - ~ 9 _~~l ~ ~ / v l~ ~ - l ~ ~ U ~U f 1 ~ ~l ~ /~ ~~ ~ ~ ~ ~ i l ; - w ! ~~ v _ (A - i3~ ~r ~/ l~ ~ - /0 V I ~ ~ d /~ lU ~ IU /D V I ~ ~~ ~ ~ ~ ~ ~ l L2 ~ em 14 t m 15 m 1fi - _ Item 17 V ~ V V / / V / V l ~ / ~ ~ V `V ~O - ~ /~ v ~`-~j- ~ / V I t~» 17 - -- item 18 -- ~7 - 1 1 ~- / ~ ! f U ~ ( ~ U f // i v ~ I ~l ~~ ~ /., "J ~ / ~ ~V ~ ~ ~/ ~ /2 ~ . I m 188 - i L _- - Item 19 7 ~ ~~/ ~~ 7J / ~ ~~ ~ ~ ~ ~~ V ~~ ~ ~ 1 ~ 1em 19 ~ Item 20 Item 21 ~Itern22 ~ g ~ ~~/ v~ ~ _ ~~ ~~ _ ~ -~-_ I _5 ~ ~ ~ 5 ~~ ~~ ~////r ~ (~ i/ v/y~ 1 _ ~~ ~ ,J ~ ~l ~ _ ~~ ~~ ~ ~ 2 / f ~ ~ ~} V ~~ ~ ~ ~~ ~ 2 ~) f t/ ~ ~, ~ ~~ ~ ~, ~ I ti I I t . 20 t 2, m 22 Item 23 ~~ 1 ~ ~ ~ ~ `~ ~~ ~ , ~ ~ ~ ~ ~~ I 3 I tern 23 -- G".' .. Total Total No Vote Total Percent Percent Island Estates Ballot Total Tally Votes Votes Cast Votes For Against For A ainst Cast Item 1 Insingle-family areas, permitted uses shall be restricted to single-family dwellings (including 225 192 4 417 ° 54.0 /° ° 46.0 /° community residential homes with up to 6 residents) and infrastructure/utility installations. Item 2 In sin le-famil areas, the minimum lot size shall be 7,500 s uare feet. 223 193 5 416 53.6% 46.4% Item 3 In single-famil areas, front buildin setbacks for princi al structures shall be 25 feet. 238 175 8 413 57.6% 42.4% kem 4 In single-family areas, side building setbacks for principal structures shall be 7.5 feet. 215 202 5 417 51.6% 48.4% In single-family areas, rear building setbacks for principal structures shall be 15 feet for non- Item 5 waterfront lots and 25 feet for waterfront lots. If adjacent structures on either side of a 218 197 6 415 52.5% 47.5% waterfront lot are setback 20 feet, then the minimum rear setback shall be 20 feet. Item 6 In single-family areas, side building setbacks for accessory structures, including screened 197 220 4 417 47.2% 52.8% ool enclosures shall be 7.5 feet. Item 7 In single-family areas, rear building setbacks for accessory structures, including screened 235 18i 5 416 56.5% 43.5% ool enclosures shall be 10 feet. Item 8 Any pool exceeding 1 foot in height above grade shall comply with the required rear setback 217 197 7 414 52.4% 47.6% for the rinci al structure. Item 9 In single-family areas, building height shall be limited to 30 feet above base flood elevation. 225 192 4 417 54.0% 46.0% Item 10 Parking on an landscaped area shall be rohibited. 237 181 3 418 56.7% 43.3% In single-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be required to be parked in a garage. The temporary parking of such vehicles outside Item 11 of a garage shall be permitted for no more than four (4) consecutive days no more than 213 206 2 419 50.8% 49.2% twice a month. Commercial vehicles may be parked outside of garages if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted outside of the garage in a driveway. In multi-family areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV's or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right- of-way line. The temporary parking of such vehicles within the front setback shall be Item 12 permitted for no more than four (4) consecutive days no more than twice a month. 218 199 4 417 52.3% 47.7% Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in mufti-family areas if onsite to actively conduct business on the premises. Parking of personal automobiles and motorcycles shall be permitted between any portion of the principal structure and any right-of-way line. • • Total Total No Vote Total Percent Percent Island Estates Ballot Total Tally (cont.) Votes Votes Cast Votes For Against For A ainst Cast Item 13 All fences shall be prohibited between any portion of the principal structure and any right-of- wa line. 173 242 6 415 41.7% 58.3% Item 14 Fences shall not exceed 6 feet in height between any portion of the principal structure and 218 200 3 418 52.2% 47.8% an side lot line. Item 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear building 210 207 4 417 50.4% 49.6% setback fine and the seawall. If the fence encloses a pool, it may be 4 feet in height. Item 16 All fences between the rear building setback line and the seawall shall be non-opaque (see- 214 200 7 414 51.7% 48.3% throu h. All trash containers, dumpsters and mechanical equipment shall be screened from the rights of-way, adjacent property and the water. Provision shall apply to new construction. If Item 17 improvements are made to any structure exceeding 50% of the value appraised by the 209 208 4 417 50.1 % 49.9% Pinellas County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. Item 18 Use of gravel, stones, cinders and other similar material in any yard shall be prohibited 216 202 3 418 51.7% 48.3% unless included as an inte ral but minor element of a landsca in Ian. Item 19 In single-family areas, 35% of the area between any portion of the principal structure and 203 214 4 417 48.7% 51.3% an ri ht of-wa line shall be landsca ed. Item 20 In multi-family areas, 25% of the area between any portion of the principal structure and 217 201 3 418 51.9% 48.1 an ri ht-of-wa line shall be landsca ed. Item 21 In single-famil areas, the minimum rental eriod shall be 90 days. 199 221 1 420 47.4% 52.6% Item 22 The storage of commercial fishing and crabbing equipment shall be prohibited on any 232 186 3 418 55.5% 44.5% residential ro e Deviations for at-grade structures and/or the expansion of existing non-conforming side and/or rear setbacks may be approved through a flexible standard approval process. Item 23 Flexible standard approval includes a recommendation by the City Development Review 202 213 6 415 48.7% 51.3% Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. Setback items that could be paired Parking items that could be paired Landscapign items that could be paired Items that did not receive 51 % or more of the vote and are not paired with another item Total ballots 641 Total ballots not returned 220 Total ballots returned 421 Percentage returned 65.7% S:\Planning Department\NCOD\Island Estates\ballot ,. w i .i~„~ ~.~~,~~,eriy All the land in Clearwater Harbor, known as Island Estates lying =may- of the northerly right of way line of Memorial Ca~:seway, less and except the following described tracts: ; 1. _All of lBlo~~and Lots 1-3, 7. 9-13, Blork D, and the westerly ril{ f et of the vacated right-of-way of Dory Passage~Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34, of the Public Records of Pinellas County, Florida. _ 2. Begin at the most easterly corner of Lot 13, Block D of said Unit 5 Island Estates of Clearwater; thence• N49°23'41"W, 100.00-feet; thence N04°23'41"W, 71.42 feet, to a point on a curve to the left• thence along the arc of said cube, hawing. a ram s or. eet, a chord bearing of N75°47'40"E, a chor"-d length of 23.86 feet, 23.98 feet; thence S49°23'41"E, 136.75 feet; thence S08°12'32"E; °1.0~ feet; 3. Island Yacht Club Condominium, as recorded in Condominium Plat Book 39, Page 74, of said Public Records. ~ 1 4. The land bounded on th? north by Dory Passage, on the south by Windward Passage, on the west by Larboard ~~Jay and on the east by Island Way. g, o ,, -f-1 e s o ~ ~ ~, ~ m a ~ ,~ ~°.., CJ 4y ~1 E:\Land Projects 3\NEW\dwg1NEW.dwg, 04112!02 02:52:58~ovomes o v $• . . o O ~ O O 0 o p G~ `~~ ~ ~ \y ~ ~~~ f e"- . oo fti~ ~ ~ ~ ~,,b~ ~a f/ ~~ ~'~ Q o . ~~a o ~ °~ ~o ~ ~o ~2 ~~ ~~ ~~ ~~ ~'o ~,'~ ~6 / 63• ,00 6 3~z~, 6~ _ . `~l E~ b 0'~9 ,Z ~ ~ o J ~" N ~ , W N J N -,n ~. ~ ~ ~ ~ k N . o ~ ~ o N ~ J ~ ~ P ~ ,z4 tt _ - ~' ~.i~ ". // ~~ .i ff~ -~ c ~ //~ ~ .S ~ ~~ w ~ ~ ~ ~~ ~~ ~x ~ ti,~0 °y ~,f • / ~ r ~ ~ N ~~b ~ W -0 ' ~` t J s ~~ ~ .~ i N/ ~ 4 ti" ~" o ~ti ;p °s ~° ~ . ~ ~~ ~ 6 ~ / ~ CP • J To: Bill Horne, City Manager From: Cyndi Tarapani, Planning Director Date: August 21, 2002 RE: Responses to Dr. Hunt Clearwater Below please find responses to issues raised in Dr. Hunt's talking points for Island Estates. 1. The Mandate/Consensus Issue The Code does not require a mandate. The intent of the vote was to provide the Commission insight into how the neighborhood views the proposed regulations. Zoning is a legislative function and is not determined by a vote. 2. The Big Government Issue a. The NCOD process is driven by the neighborhood. b. Changing codes in Island Estates is not necessary, however, was requested by the neighborhood. Major government intervention is not being proposed. Several different code requirements have been requested by the neighborhood. Not sure to which neighborhood study Dr. Hunt is referring. The Long Range Planning Department did not devise the goals/code changes. These proposed changes were generated through the neighborhood planning process. Some of the requirements that are going in the NCOD are already found in today's code. Specifically the only setback proposed to be changed from existing requirements is the side yard setback. • • c. At this point, it is unknown whether or not the provisions of the IENCOD will be a burden to manage. The Planning Department does not know how Dr. Hunt determined that 30% of the single-family dwellings would become nonconforming. Nonconforming uses and/or site conditions will be grandfathered as set forth on page 29 of the Island Estates Neighborhood Plan. [Some changes maybe made to the section since it references a couple of provisions that were not included in 1St reading.] Generally, all new construction must be in compliance with the provisions of the NCOD. Any existing legally permitted use, lot size, setback, building height, fence, and landscaping will be considered a legal nonconforming use and may continue to exist and be maintained as allowed by the Community Development Code. Any vehicle parked in violation of the IENCOD or any commercial fishing and crabbing equipment stored in violation of the standards will not be grandfathered and must comply with the overlay district provisions. The proposed rear setback is the same as in the current code. The requirement is 25' unless a waterfront property is surrounded by properties on either side that have a rear setback of 20', then the requirement is 20'. d. The purpose of the line item vote was to provide information to the Commission to use in its decision making process. Based on it's professional opinion, the Planning Department believed it is important that certain items be included in the overlay zone that did not receive 51 % of the vote. There are consistency concerns as well as administrative concerns. For example, in the Department's professional opinion, a negative aesthetic and practical impact will arise when main structures have a 7.5' side setback but accessory structures are allowed at 5' from the side property line. 3. Evaluation of IENCOD The Department will prepare a general evaluation of both Coachman Ridge and Island Estates. Consideration will be given to the experiences of the neighborhood with the NCOD. A comparison and evaluation of the code violations and deviations requested in each neighborhood will provide valuable information. The Department will also review redevelopment activities to determine whether or not such redevelopment has been consistent with the existing character of the neighborhood (pursuant to Section 4-608.A). 4. Questions to be Publicly Answered a. The City Commission determines public policy. The Commission regularly adds new code requirements/revises existing one through a public hearing process as has occurred with the IENCOD and does not base those decisions on mandates. b. It is not necessary to create the IENCOD. The Commission is responding to the neighborhood. G • • • c. Rezoning the affected property and passing the IENCOD code amendments will implement the IENCOD. The evaluation is discussed in 3. above. The Planning Department will also determine whether or not the Island Estates Civic Association is complying with the education and enforcement requirements of the NCOD. • • Clayton, Gina From: Dougall-Sides, Leslie Sent: Tuesday, August 20, 2002 11:24 AM To: Clayton, Gina Cc: Akin, Pam; Treuhaft, Linda Subject: RE: Island Estates The Civic Association has no right of entry upon private property to enforce codes. Nor does the City; it must have the owner's consent or obtain an administrative inspection warrant from Circuit Court in order to do so. Civic Association members should not be entering upon private property absent the owner's permission. -----Original Message----- From: Clayton, Gina Sent: Tuesday, August 20, 2002 11:15 AM To: Dougall-Sides, Leslie Cc: Kronschnabl, Jeff Subject: RE: Island Estates Importance: High Carl has posed another question. Can a property owner refuse to allow the "neighborhood i.e. civic association" access to their property for code enforcement. What are the rights of the civic association to access any portion of a property for code enforcement purposes (since they are not city staff). -----Original Message----- From: Dougall-Sides, Leslie Sent: Tuesday, August 20, 2002 11:00 AM To: Clayton, Gina Subject: RE: Island Estates Importance: High This office ruled that the neighborhood conservation study committee was a Sunshine body during its study of the NCOD proposal. The code states that the "neighborhood" shall be a partner with the city in implementing the provisions of the NCOD by educating property owners and providing the initial means of enforcement. Therefore, since the "neighborhood" is acting as the city's agent in these respects, it also would fall under Sunshine provisions. It is unclear how the "neighborhood" chooses who will be its agent for these purposes; however, the Civic Association would be the logical candidate. -----Original Message----- From: Clayton, Gina Sent: Monday, August 19, 2002 1:18 PM To: Dougall-Sides, Leslie Subject: Island Estates Importance: High Carl Wagonfohr called me and wants to know if the Island Estates Civic Association will be subject to Sunshine Laws when it takes on the task on doing the initial means of code enforcement. Could you advise me on this. His message also said he will request the answer to this in writing. I need a response as soon as you can provide me one. Thanks for your help! Ginn L. Clayton Long Range Plnnning Manager (727) 562-4587 gclayton@clearwnter-f Isom • Taranani_ Cvnrli From: Dougall-Sides, Leslie Sent: Thursday, August 08, 2002 12:39 PM To: Tarapani, Cyndi Subject: FW: Bullet Points re NCOD Importance: High FYI ----0riginal Message---- From: Dougall-Sides, Leslie Sent: Thursday, August 08, 2002 12:30 PM To: ,akin, Pam Subject: Bullet Points re NCOD Importance: High Here is a memo I prepared with bullet points in response to the Carole Edmunds correspondence of July 29, in case the issues come up tonight: RESPONSE TO ;OLE EDMUNDS CC • • RESPONSE TO CA120LE EDMUNDS CORRESPONDENCE-- ISLAND ESTATES NEIGIIBORIi00D CONSERVATION OVERLAY DISTRICT Leslie K. Dou all-Sides. Assistant City Attorney ~'or August 8.2002 City Commission Meeting After having reviewed the Edmunds correspondence and the proposed Island Estates NCOD Ordinances, I have the following comments: • The voting process is not required by statute in order that the City Commission have the authority to enact zoning and land development regulations such as these zoning overlays. It is an advisory "straw poll" only. The Commission's authority derives from home rule power as well as Florida Statutes Section 163.3202, Land Development Regulations. • Code Section 4-608 provides for independent review of the proposed NCOD area by the Community Development Coordinator. She may, using planning judgment, determine a different area to be appropriate than that put forward by the original Petitioners. Specifically, Section 4-608B.9. provides that she must consider whether the cohesiveness of the area proposed to be designated as an NCOD is sufficient to warrant such designation. • The area designation and voting procedures were reviewed and approved by the City Attorney's Office. • Allowing one vote per property for condominium and other multifamily forms of ownership, such as apartment buildings, is not an unreasonable method of tallying votes and does not violate any constitutional or statutory provision. • The City Attorney's Office reviewed all of the proposed regulations for legality, constitutionality, and compliance with statutory provisions. The proposals do not violate Ch. 70, Florida Statutes [Bert Harris Act], as is alleged, in that they do not impose an inordinate burden on the use of real property. • The provisions of Ch. 163, Part IV, Florida Statutes, referred to in the correspondence, on Neighborhood Improvement Districts, are not applicable here. Nor is this an Urban Ill or Redevelopment Area under Section 163.2517. The NCOD is simply a zoning overlay district. • The Code provisions instituting the NCOD procedures, and subsequent amendments, were subject to full public discussion and debate at the time adopted. • As to the specific regulations complained of • 1. The term "recreation vehicle" is used in Section H. l , b., page 10 of Ordinance No. 6981-02 [should it be "recreational vehicle"?] "Recreational vehicle" is defined in Code Section 8-102 as "a vehicle designed as temporary living quarters for recreation, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle, as defined in Sections 513.01 and 320.01 of the Florida Statutes." This is certainly a sufficiently specific definition. I do not have knowledge as to whether no other parking is available for "certain condominium properties" than in the prohibited area; this is an issue that Planning may be able to address. ~ '~ • • • 2. I do not find any dumpster screening requirements in the final version other than in Section 2-6102E.3.b., Flexible Standard crite proposed utility/infrastructure facilities shall protect the established characte~ of the Island Estates neighborhood. In my opinion this requirement does not conflict with existing dumpster screening provisions but rather supplements them by providing for an additional neighborhood compatibility criterion. • Clayton, Gina From: Horne, Bill Sent: Wednesday, August 21, 2002 2:55 PM To: Tarapani, Cyndi; Jonson, William Cc: Wilson, Denise A.; Clayton, Gina Subject: RE: Island Estates setbacks Cyndi, Thanks. I'll pass on to Commissioner Jonson. Bill Horne -----Original Message----- From: Tarapani, Cyndi Sent: Wednesday, August 21, 2002 2:40 PM To: Horne, Bill Cc: Wilson, Denise A.; Clayton, Gina Subject: Island Estates setbacks Bill-per your request, I reviewed the zoning code in effect prior to the 1999 Siemon code. That code required a 25 waterfront setback for any property adjacent to ClearwaterHarbor-such as is the location of Island Estates. The 1999 Siemon code kept the 25 waterfront setback but allowed the setback to be reduced to 20 feet if each of your neighbors are built at 20 feet. Further, the Building Code requires a setback of 18 feet from the seawall for structural reasons. It is my understanding that the deed restrictions for Island Estates vary betwen 25 feet and 20 feet for the waterfront setback in different parts of the subdivisions. We believe that is whythe Siemon code distinguished the setback as described above -so that your new construction would be in keeping with your neighbors' setback. I hope this helps. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@ Clearwater-fl.com • Clayton, Gina From: Dougall-Sides, Leslie Sent: Tuesday, August 20, 2002 11:00 AM To: Clayton, Gina Subject: RE: Island Estates Importance: High This office ruled that the neighborhood conservation study committee was a Sunshine body during its study of the NCOD proposal. The code states that the "neighborhood" shall be a partner with the city in implementing the provisions of the NCOD by educating property owners and providing the initial means of enforcement. Therefore, since the "neighborhood" is acting as the city's agent in these respects, it also would fall under Sunshine provisions. It is unclear how the "neighborhood" chooses who will be its agent for these purposes; however, the Civic Association would be the logical candidate. -----Original Message----- From: Clayton, Gina Sent: Monday, August 19, 2002 1:18 PM To: Dougall-Sides, Leslie Subject: Island Estates Importance: High Carl Wagonfohr called me and wants to know if the Island Estates Civic Association will be subject to Sunshine Laws when it takes on the task on doing the initial means of code enforcement. Could you advise me on this. His message also said he will request the answer to this in writing. I need a response as soon as you can provide me one. Thanks for your help! Ginn L. Clayton Long Range Planning Manager (727) 562-4587 gclnytonC~clearwater-f Isom • • Clayton, Gina From: Dougall-Sides, Leslie Sent: Tuesday, August 20, 2002 11:24 AM To: Clayton, Gina Cc: Akin, Pam; Treuhaft, Linda Subject: RE: Island Estates The Civic Association has no right of entry upon private property to enforce codes. Nor does the City; it must have the owner's consent or obtain an administrative inspection warrant from Circuit Courtin order to do so. Civic Association members should not be entering upon private property absent the owner's permission. -----Original Message----- From: Clayton, Gina Sent: Tuesday, August 20, 2002 11:15 AM To: Dougall-Sides, Leslie Cc: Kronschnabl, Jeff Subject: RE: Island Estates Importance: High Carl has posed another question. Can a property owner refuse to allow the "neighborhood i.e. civic association" access to their property for code enforcement. What are the rights of the civic association to access any portion of a property for code enforcement purposes (since they are not city staff). -----Original Message----- From: Dougall-Sides, Leslie Sent: Tuesday, August 20, 2002 11:00 AM To: Clayton, Gina Subject: RE: Island Estates Importance: High This office ruled that the neighborhood conservation study committee was a Sunshine body during its study of the NCOD proposal. The code states that the "neighborhood" shall be a partner with the city in implementing the provisions of the NCOD by educating property owners and providing the initial means of enforcement. Therefore, since the "neighborhood" is acting as the city's agent in these respects, it also would fall under Sunshine provisions. It is unclear how the "neighborhood" chooses who will be its agent for these purposes; however, the Civic Association would be the logical candidate. -----Original Message----- From: Clayton, Gina Sent: Monday, August 19, 2002 1:18 PM To: Dougall-Sides, Leslie Subject: Island Estates Importance: High Carl Wagonfohr called me and wants to know if the Island Estates Civic Association will be subject to Sunshine Laws when it takes on the task on doing the initial means of code enforcement. Could you advise me on this. His message also said he will request the answer to this in writing. I need a response as soon as you can provide me one. Thanks for your help! Gina L. Clayton Long Range Planning Manager (727) 562-4587 gclayton@clearwater-f Isom AUG-20-2002 12 21 ~ ~ •/ P. 01 '~~ ~ /7~ 1 ~~ ~ y©y ~~ 311 Island Way # 104 Clearwater Beach, FL ~ ~ ~ ~~.S~e~ COPIES Td: ~~ COMMIS5IQN 33767 August 1s, 2002 ~~ ~- AUG 2 0 2~Q2 ~~ /a/r'~~`~~ CI-I:RK / AT i'ORNEY Office afthe Mayor (GjGI Offices of the City Couamissioi ~~~ y~v S ~i s~o~f ~~ P.O. Box 4748 Clearwater, FL 33758-47~$ /'c-5,~°n'~'°'O ~ 5' Dear Clearwater City Commissioners, After attending anal speaking at the City Commission meeting on August 8, 2002 regarding the proposed Island Estates NCOD, i would like tv make the following statements. First, I would like to thank Mayor Auggst and Commissioner Gray for voting against adopting the Island Estates NCOri (I.E. NCOD) in its current state. I would also like to thank, Commissioners Jonson and Hamilton for trying to remedy the situation that the proposed I.E. NCOD would create for the 1Vluhi Family residences on lsland Estates. Unfortunately removal of some standards to be applied to multi-family residences for the first year trial period of the proposed LE. N~COD only places a temporary band aid on the situation.. What you failed to address in yow discussions is the fact that the NCOD process defined in the Cox~umunity Development Code provides for future amendments to add new standards at any time using the same petition anal voting process (and vote percentages) used to adopt the original set of ~andards. 'With the multi family residences still included in the proposed NCOD and using the same ilI applied petition find voting process, muhi-family residences are left wide open to having :future new standards adopted regulating them alone yet adapted by the votes of single family residence owners. Allowing only one vote per Condominium Association, multi-family residences ~dil have virtually no say in adoption offuture rules that will be applied only to th.er~ Ican't-fathom how any afyou can consider continuing to support the proposed I.E. NCOD~ as is under those circumstances. The orily poss~le remed~r of any merit to salvage the proposed I.E. NCOD is to remove the multi-family residences from the proposed NCOI) altogether. However this still leaves question about they votes and percentages compiled for standards to be applied to the single-famoEly residences. For those standards, the vote counts were so close on each standard to reach the regained 51%, that the Condominium Association. votes may have moved any ofthem to either the pass or fail side of consideration by the City Commission for adoption. At th.e ComilYlCCtceion meeting Oll August 8, 2002, one ofyou asked the question as to what it would take to remove ~rhe Condominiums from. the proposed NCOD. Representatives of the planning departxxaent gave you a lengthy explanation ofwhat it would take AFTER the I.E. NCOD was alrea~.dy adopted and formalized. What was not explained is what it ;, .~ AUG-20-2002 12 21 • • P.02 2 would take to drop th,e multi-family residences out of the proposed NCOD BEFORE it is officially adopted and formalized. Y implore you to explore what it would take to drop the multi-faunily residenc+~s out of the proposed NCOD now before completing formal adoption and to revisit th.e vote counts for the single-fam~~y standards. The Condominium Associaticm votes should be removed fronn single-fama~y residence standard vote totals. At the August 8~ meeting a question was posed to the planning personnel involved as to whether they could distinguish between the single-family residence votes and the Condominium Association votes. Although the answer was soxx-ewhat tortuous, the ;uiswer was yes they had to be able to identify where each vote came from, they just made no effort to separate out single-family residence votes from Condominium Association votes. It is clear that they can be separated. I still see the proposed T~COD as ofno benefit to the Island Estates neighborhood and totally unnecessary. At lE:ast it would be less repugnant with the multi-family residences removed since they were allowed virtually no participation in the process to begin with_ If the City Commission c•1~ooses to proceed with the I.E. NCOD as is, i believe that the City Commission would be setting its actions uP for failure under judicial review. It is already well established in Florida courts that City Commission actions such as enacting this proposed >`FCOD, that have an impact on a limtited number of persons or property owners, on identifiable parties an interests, are quasi judicial is nature and subject to strict scrutiny. The meaning of strict scrutiny was described in the District Court of ,Appeal first Dia~trict, state of Florida in their ruling concerning Dixon v. the City of Jacksonville, " Strict Scrutiny is not defined m the land use cases which use the phrase but its meaning can be E~scertained froataa the common definition ofthe separate words. Strict implies rigid exactness or precision A thing scrutinized has been subjected to minute investigation. Strict scrutiny is thus the process whereby a court makes a detailed examuiation of a statute, rule or order of a tnbunal for exact compliance with or adheren+.e to, a standard or nornL It is the antithesis of deferential review." It is my belief that the pc;tition and voting process, as it was conducted for the proposed T.E. NCOD, would certainly ~~ under strict scrutiny of ix against the exact definitions and wording contained in the Clearwater Community Development Code. Hopefully you can see this from reading, the portions of the Community Development Code 1 have extracted and put in the table below with selected words underlined. Cle~~rwater Co Develo naent code (CDC Section 8-10t.D ThE wards "shall," "must," and "will," are mandatory in nature, implying an obligation or duty to tom with the rticular vision. Section 8-102. Definition:. Owner means any part ov~+ner, joint owner, tenant in common, tenank in partnership, joint tenant, or tenant b the entirety, t+f the whole or of a~ rt of such buildin or land_ Section 4~608.D.1 Neighbofiood conservation overlay district. .~ AUG-20-2002 12 22 P.03 3 The process for the design;~tion of a particular area as a neighborhood conservation district shall be commenced by apre-application conference with the community development ooortlinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation a:s a neighborhood conservation district which shall be filed with the community development c~~ordinator. Section. 4-608,D, 4. The owners of real props:rty within the proposed neighborhood conservation district shall vats on each development standard roposed to be included.. _ _ _ . I can't help feeling that at the last meeting some of you felt that the Community Developtxtettt code process was followed and that put you under some obligation to put the proposed I.E NCOD in place. Under strict scrutiny tits defined process was not followed since eondominiutns were not counted at aU in the original petition to start the NCOD process and conctominuium unit owners as owners of real property were not allowed to vote for or against the proposed standards. The explanation offered at the August 8a' Commission .meeting that Condominium Associations were given a single vote because Condo~-lmc were viewed as a single property as they would Ise for zonnng purposes does not hold. up against the wording of the Clearwater Cammunity Development Code NCOD process_ I do not envy the position you have all been placed in but facts are facts and the LE. NCOD vote results you have been looking at do not show any clear picture or mandate by the neighborhood. The :LE. NCOD needs to be either reworked or simply set aside. Lets all. move on. Very Respectfiilly, Carole E,imunds ~CJ p~,~t~t~ ~Pii~l4ra d repPer~ae I'er #ha Mtrycr'a slgnatuie. cZt City Com~l~ ~ Due dater ~~~ `"- TOTAL P. 03 7 .mss 1 ~,~ ~~1~ ~ FL ~ ~ 7G ~ ~~ ~ d p r`r1-~-o~,~ (~v,~~~~ No~'%_~~ ~u! o~ Ju,tn~2 I~,Zoo~ 1-~-pa.~e.5 0.9a~`~s~f- f~~sal! f~b~ N~ oZ--.z~3 ~ Or~~'n,a~e2 Ives , GRSD-oZ ~ I am requesting this board not approve or recommend NCOD for Island Estates to the City b`~8 ! - oZ Commission for the foliowing-reasons: 1. Currently the character of the neighborhood in Island Estates is there are no homeowners associations for recorded deed restrictions and property improvements over the past 10 to 20 years have been legally based can City Code-and not_deed restrictions making the deed restrictions almost impossible to legally enforce and rendering them not legal. 'This is because sec '720 FS requires specific requirements for deed restrictions to be legally valid in order not to violate inherent property rights. These requirements include the existence of a homeowners association with specific yearly procedures and record requirements that have not been met. Also enforcement of deed restrictions requires they are uniformly enforced which means they can't be enforced on one owner when 5 other owners .were not restricted. This creates an enforceable vested property right to comply with City codes only and not deed restrictions. This makes the existing character of the neighborhood and vested property rights,~aa~h,th~x,~~,pctvgm~~ts can be legally made with no added restrictions. The purpose of NCOD in the City ordinance is to preserve and maintain the character of the neighborhood which is clearly the legal ability to make improvements legally unrestricted by special restrictions as described The proposed NCOD add restrictions that do not preserve the character, thus making the current NCOD proposal legally contrary to the NCOD purpose and City ordinance. Besides violating this purpose the currentNCOD proposal is legally flawed in many ways including: a. The NCOD ordinance requires structures not to be nonconforming. There is a large percentage of existing structures and uses which will become nonconforming making it impossible to fairly enforce the NCOD restrictions and preserve the existing character of the neighborhood b. The proposed NCOD restrictions are required to be based on health, safety or welfaze issues and not aesthetic issues. No justification has been established why the existing 5 foot property set back requirement .does not adequately protect the health, safety and welfare and how changing that to 7.5 feet as proposed is required to protect the health, safety and welfare and is not merely an aesthetic change that is not for zoning to regulate. All the proposed changes aze minor deviations to the existing code that have no justification as to how they are required other than aesthetic. This discriminates with respect to their housing the residents of Island Estates as compared to other City ~ n viola+,D ~- residents with aesthetic restrictions that take away the fair use of our property and property rights. a ~ $e~ 7O ~5 c. In order to preserve property rights zoning restrictions must be based on health, safety and _ welfaze unless they are based on existing enforceable deed restrictions and aze created in compliance with sec 163 FS which requires 75% of the owners to request these restrictions and not the 30% that have voted or the 64% that have petitioned in this proposal before the board. Given these legal flaws with the NCOD proposal and many other issues to numerous to elaborate on here, that have been publically circulated in petitions opposing NCOD and the City Commission is aware of, I am requesting this boazd not approve or recommend NCOD for Island Estates to the City Commission. P~.l ~ P m~w~-~ 1' 9 6-! 4~-OZ o~ ~Il'vIPORTANT PBOPERT~.RIGH~ I~IOTICE This notice is to inform you •of important information about the. ramifications of actions that are Being taken againstresidents of Isla.~td Estates with very- misieatlirag srtd little or no notice to .you by the City of Clearwater. These actions may drastically effect the vatue and use of your property and could reduce your potential property value by well over $300,000. The current -use -and enjoyment of your property may also be drastically effected by new parking, occupancy, Iandscxping and-building restrictions. Thrs nonce may be your last opportunity to easily have an input to these issues before t'itey are enacted into law by the City Colnmissioil. These actions include re- zoning your .property :to .a Neighborhood Conservation Overlay District (NGOD). These are complex issues specifically madeLeinplex.lo prevent you from:defending your property rights. Sorry. for the long. notice, but, our rights many times must he obtained .and defended at a cost that we alt niL1s1 -bear. .Ail. educat~.,.d. p'»l)I3G ~S 111P politician's .worst -nightmare and you .can ilot be educated unless you make the effort to wade through and carefully consider 'the concepts. and issues :presented :in this .notice that your government is. attempting to keep secret: from you for their benefit and not yours. The most damaging •a,poi`t of these regula~ticns. is .ttley:.make .the iise of: your property. subject to .City .approval .instead .of written standards. This has been described in the fi•oYit pager; Jarraary 24-~ 0; tai,, Cieai~•vater Cr3aette:article,.by_Anne.141ckay Gairis..as.the current code "is practically tantamount to "whatever the staff or Community Dev~eiopnierrt Board aitocvs." The_NCQD inakes.this wnrse_and not better. by.having a flexible.standard a.pprova! process at the City Staff's discretion. Currently without NCflD, decisions 'by the star;. have a .b.urden to. be.- iuiiforni .wixh the majority of residents in. Clearwater.. NCOD will .give them mare. discretion to deviate because of its tmhltre- regulations and their res.ulting.separate:.inter{~retation. This is. an advaritage.if yuu are.polihcal.ly.conrlectzd and an unfair disadvantage if you are not. - Tiie NCOD makes miiror changes to the regulations that. neither the Staff, nor anyone else, tail provide data to show, have any benefits to Island Estates and only clear drsadvamages: NCOD, however, has several major, advantages .for the City Staff.. These added restri~~tions make interpretation arrd enforcement of separate regulations. more complicated grid clearly justi>cy added City Staff and:increaxed taxes. By adding restrictions and subjecting them to flexible interpretation ills C°ity .Staff hassubstarttial power over our prope;iyrigllt. Some .properties get.5 foof side set.baclss or less and some get 7.5. This is becauue only they are qualified to understand and interpret these regulations, supposedly for ttiir benefit. The reality . of these interpretations is they depend on the opinion of your neighbor or the Civic Association (CAj_ VJe Have to-tntst them on the benefit part because NCOD has never been done on a community like Island Estates -and ro exists 'to show any "benefits. They are als quick to assure us- that tl;o nbv:o-,rs disadvantages do not exist, the same way they assured us the roundabout was a good idea. Wlietlier ill's roundabout vti•as a good idea or riot; it is current?ybeing westud (feuntaitt net being used) or will be replaced at our expense. This special attention and regulations to make our irves better clearly ~ustif es the existence of current or e~~en additional City Staff The City Staff is desperate to create this fictional persona considering the City Commission is considering, and has the opportunity;.:to str-eanll.iile .the City Staff by over 10 million dollars. Does it appear like the vote on the NCOD has been delayed until after the City Commissioner elections so that Conlnlissioners cenilected 1uitli Island >stat~s .and supported Uy die City Staff can be elected to ensiue a favorable vote for NCOD and continued and unrestricted Ciry Starr growth aifid power for .cur. betief.t? These new regulations can be challenged that they disregard or even violate 'your property rights and many Federal, State .and euen. City lotus. These, .along i~%ith..an. .extensive ..list .of .important negative .and misleading information, cQnceming NCOD, that late City Staff have refused to widely disclose ar clan ;.are enumorated.bela-vv. This. in ormation has been requested to be disclosed by many of the small group of residerrb wlio haveparticpated iri the NCOD ptanliing process; but refused..by .the City.Staff .and controlling .CA members .through .the NCOD study committee. The City may not admitrt, but they have- pmvrded ..documentation that .shows .the. 1~[COD .study committee is selected by the CA. Not disclosing this information creates a veryatislead ing aad potzntialtyillegal situation. This. is an. indication. of how. desperate. the City Sraff.is artd..tlie sulall group of controlling CA members, they are in league with ornave mislead; to thinking this is a good• idea.. The remaining small percentage of GA members supporting Phis, may have -misguided reasons from beingflowerpahce to being. politically connected. enough to profit from this, by even going as far as plarlning.to purchase at a reduced price the unfortunate residents wllo they target fur enforcement and have their properties taken away by the City, as vve commonly read accounts of in deed restricted communities. We Have also read of the recent laws that have been passed to .protect .people from these type. of actions. These laws, however, will be circumvented and their ability to take your property made more lethal by this complex arrang~inent with . the CPS This can easily be done with confusing regulations, texible interpretations that became law• at the City Staffs discretion and-false or illegal accusations that you might get att apology for, from the City Staff, that they made an inadvertent mistake in interpreting complex regulations {we have heard this or something. simftar many times from them) that were forced upon them by us and was not (heir fault,. in interpreting the TegitlatioriS since -they are u;.cierscu ed aild underfunded. This apology, howeve.~, is only if-you spend a Hundred thousand aoliars in legal fees wnd set 1:ucE:3< n .proofing. their army ~f inspectors-and experts .~vhoareunimpeachabte because they are ~vorking far the public. good, (tiut; who are just' aomg what they are pol,ittcali.y told ~to protert•their jobs) wrong i.n court. ~ ou have to get tacky because who would possibly believe you when all our City ofl'icials are team players and stand united to combat crime and Yroteot o~»r s3fet=,~. Either .way they get-your property when your bankrupt from the legal fees defending yourself, that you can not recover because of ills sovereis7n immunity of the City, and the C ity Staff benefits by increasing in size and paver, by justifying additional legal staff, to combat this crime wave 'for everyone's henef i..and safet}~. The following potential issues should be considered and investigated by you if you rave any-doubt. Investizated moors-look lip the iaws.or issues:yourself on the internet or in City records and .not ask the city staff or someone connected. The frustration of trying to obtaili:your..rightsto.av~.ess.pubiic-resords .may. be enough .to convince. many of t.is, when you are denied because of lack of City Staff or tciid it 'is lost, currently unavailable or they can'-L fin.d.:it. 1. The City Staffand the CA: have consistently and falsely claimed thatlslandEstates isa deed restricted corimrunrry~ -`for -the 12 diff>rt~nt devploprilents..that: originat:ly .had.12 diff_ereilt. .sets .of .deed restrictions. Deed restrictions have.specific legal requirenlerits for tlieiti to be val•id~. Florida law Section (Se~~ "73:O:~Ui-~ F.torida.:S.tatutes..{FS). reci.ui:res;.tliat .an .active. homeowners. association with .very specific legal requirements be. maintained by the. property owners in order to pr>stect dleirlegal right:. This is.common.seiise and consistent with legal practice in the LTS since you can not have laws without a i-liechanisni to change-or . amend them.. Without a. :h.nxrieo.ccmers. association this mechanism does not exist'and.. the deed restrictions become void or illegal: Clarification of . fhi~ iris been consistently rerli~ested.at.the.NCOD m,eetings..t?.tar..the Cit;+. Staff and the. GA insist on misleading .us, verbally and in writing,. without a valid explanation of this point 'evetl `ahotiglt 1.2 homecivanerc' associati,nns: do q.pt exSL. The only explanati.on.we get is from residents who claim they fiave tried. to enforce the deed restrictioasand have lost beeausethe .Tudge has. told .them t}]ey can nrtt have. deed restri~••tions without a homeownersasso~~iation per Florida Law. The specific legal requirements 7n' 1328 ia'w'd0 iiGt tiTCilide Ci'4~C A.ssnciatioits .that tliirik they .are hameo~vners associations or tivant to be homeowners associations- 'L"his type of Blatant disregard for ~?irr ~i7'gii'ts i~ri 'order. t0'~ Iti~eef ~ tile' trriSi:ip'170'i'ted~ fallatica] .agenda of a small group of residents; in itse}f shows NCOD sort negatively effect all of us. oacllrr-:an Ridge (the only development to have adopted. an NCODj,.. however, is a uniform community, with one set. of consistently enforced deed restncfions and oils valid tioneo:v7iers' associatior. 2. The NCOD is based on Sec. =T-60TS of the I R ~S ~ 0 4Z-Z3 ~Yvi~-~ ~ia~h~~. ~~f~~~Z ~ °~ Zoe City Community Develgpment Code- Th stated purpose rs to provide a means o~ ensuring that irltill and redevelopmentactivities in existinc;, stable residential nerghborhoods or neighborhoods requiring special consideration are consistent with the exrstmg character of the neighborhood." The NCOD has been purported by the CA in their news letter to "make It more difficult for property owners to hod~~rr by looking at ,property values, sales ~iistories, subdivision plats and arie~ photographs of these waterfront e,ommunitres on the rnternet, which are free and availabteto everyone, at their specific. county property appraiser's website. Also, because NCOD type zoning has never been applied to a community of this type for these obvious FeaSOI1S. waiver from many of our deed restrictions and will not only help to protect ollr property values and quality of life,._but will benefit-the City as a whole by maintaining those values." The reality of the situation is that we are being misled that deed restrictions are the "existing character of the neighborhood" and the proposed NCOD regulations are "consistent" with this character. The existing character of the neighborhood, as defined and required above in the code, is a neighborhood that is very diverse with 12 different developments with different lot -sizes and featlres and -have been . developed .and maintained using the existing city codes for many, many years. Attempting to restrit,'t each of these develo;imenis ~~r.ith..a .rani.±ied set of. deyd restriction type. codes changes the character and unduly burdens owners with smaller lots or non conforming features. The NCOD clearly does ~ not meet its -lawful -purpose 'described above. of.. preservin ; existing. character. and.. redevelopment standards in Island Estates. Also everyone of the- proposed restrictions ]iznit.the .use ofo.ur•.pro.perty or urrfairly.take rights.away.from .one owner_and give them to another with rlo legal basis. A view that is preserved for one owner takes away the. use. of another owners property. What. is the basis for this equity transfer? Certainly not the overall value of the nzigilbarhood, because statistics will sho~vthat multimillion dollar houses will be .built on either-fotre~rardlessand the restriction will just reduce the use and resultant overall value of both. In Coachman Ridge these restrictions may have some va}ue, but. island Estates is drastically different. A large munber of existing houses in Coachman Ridge are not continrrally being .purchased for huge.sums and then turn down and multimillion dollar homes poi up in their place,, like Island Estates and never wits. Property values here have more than douhled in the last few years instead of increasing by 12% in Coachman Ridge. This is becau_ee every inch of your property has waterfront value and the bultdtng type, setbacks or details, does Ilot effect the valuein the same way, asnon-waterfront communities, such as Coachman Ridge, that are dependent on deed restrictions, to mainfiarn values. Changing side setbacks tram 5 feet to 7.5 feet. can potentially reduce the value of some properties by (5 feet x 100 feet x 3 stories x $250;sf} $375,004. Changing minimum ]oi sizes as proposed can have a similar disastrous effect. If smaller lots are produced per the clrrrent code it increases the value of owners with larger tots. Standard concepts for deed restrictions in non water front communities do not apply to Island Estates or any other waterfront. community of this type and age in Florida as statistics easily show. This can be When lots cost $300;,000 no special restrictions are needed alld ~~~II just retard the process that.ensures that a muttim.il.lion dollar home will eventually be built there, drastically changing the neighborhood to a higher caliber, protee~tlllg "our property values and quality of life, but will benefit the City as a whole by maintaining thosevalues', more than any deed restrictions that hinder this aggressive self perpetuating process that can not exist in a llOtl-6Vaterfr011t C0211211Ulllty. The aesthetic value of waterfront lots is so great it statistically eliminates all other deed. 1•estri¢t~ble features. eTlls is becallse.a. multimillion dollar house is beautiful in its own_ way by definition. Deed restrictions just limit the creativity that can be used and tfis hinders +.1?e. ev~ral_l .neghborhood a.nd appearar._c~e: It makes it .Look more like a Gooch. man Ridge and not an older water front neighborhood redeveloped gradually with jrlultimrlhon dollar homes, that there`are many examples of in El.o.rida.. and.. are... Florida's premier. neighborhoods and are what we. should be planning for since it is inevitable. The ulevi.table ahange~ from the existingstructures to muttimillion.doliarhomes is a greater improvement. to the quality of life and value than any deed restrictions that will -hinder the. process and just pit neighbor against neighbor for the benefit. of the City Staff that. can Justify its existence by encouraging these disputes the same way attorneys and developers profs with deed restrictions at o.ur expense. 3. An editorial in the St. Petersburg Times by .tan Bergemann, St. Augustine Tilted "Homeowners associations do not. work" clarifies these statements and is as follows: "I could barely believe what I read in these letters. Vb`here rs neighborly compassion? The many lawsuits Chas are popping up all over Florida are showing that the concept ofhomeowners associations obviously doesn't work. in many cases people are in charge who have no clue what they are doing and are either volunteering their services for private gain, as has been proved in many ca_ees, or for the power fee}ing to be able to jump on unloved neig}lbors forsome stupid reasons. See the manyartic}es you had in your paper. Wall 1 inch to high, planter box unwanted, tree house disallowed - slloutd i continue? A home is a home and private property should be private property- Many of these boards are just going overboard. In addition you have some money hungry professionals who make it their business to prey on other people's property. Association attorneys are using these feuds aniollg homeowners as a cash cow,. and. foreclosures are an attorney's dream. Where else can you make so much money,. with your low paid secretary fr}irlg some papers? If you look into these cases a little closer, yorr may find that friends or even datives of involved parties are buying up oreclosed-upon property for peanuts. X30 wonderthe industry is fii7. iing.so hazd to keep this cash cow alive. If everything would 'be done like promised on paper, most problems wouldn't occur. But many people are lured into these promised "heavens' and wake up in homeowners' bell. Very often,, fads are not disclosed to perspecti~•e buyers as required by law, or deed restrictions.are being amended, changing an existing contract without the approval of 'the other party. Isn't that a violation'of contract law? It seems. more and more obvious that this concept failed. W71y are .so many people unwilling to buy into another homeowners association .after experiencing life in a ".nice" HOA conununity? Our legislators should quickly interfere, because this pro'olem of mini- governtuentsand dctatoiships:isgettinb out.of hand. I commend your newspaper for bringing these issues to 'the attention of the patblic: Eve-rystNO.rd.has t~+~o.s.ides,.adrnin.~dt}~, ..but shoutdn't.neighborty compassion count.for something, even in our time?" 4. Our legislators are moving quickly on this issue and Texas has already passed Chapter 209: Texas Residential. Property Owners Protection Act. This, However, does not prevent local governments from taking the .place .of a .homeowners:associati on .ita .the foam of:ut I~iGOD and benefitting from fetlds.a.mong rleig3lbors by providing City Staff that justify bigger govemmem. Are 'dee'd restrictions a gimmick like time. shares. that we. find one. day decreases in value and no one wants? Don't. expect City Staffor anyone else who. is feeding off of it to admit it; you will end up rtra4hing t11at conal.usi:ora .on yo.lrr .owrl .after. i*_ is .to. late. 5. Another requirement for NGOD per City Code 4-608(B)(6) is that no more than ten percent of tlr~ structu-res aTe used as Tturi conforming.. Over 50°%'0. of'the properties are non-conforming but the. City Staff study says. these are legal non-conformin~_ Existing stnletures currently being used as non- conforming is .the .same .tllirlg as legal non- confornlinJ. Just changing the name for the purpose of betting around legal requirements,. just to mislead us, does not change the fact that they are non-conforming structaues.. This convenient interpretation does not change the fact that'if you are targeted 11_y a neighbor or the CA and they claim you added anon-coilforluingfeature-and a dispute• arises as to whether this is a refurbished existing, feature or new, how will you defend yourself or know what you can or can not. do, especia[[y when many ether properties in the neighborhood are allowed to got away tivith it, stricfly on inconsistent or politically based interpretations. This is one of the reasons no more than 10°'u non-eonfonning structures is a legal requirement, in order to .protect. our rights. This becomes akey-component in the city staff and CA control and. manlpularion of onr property rights. A potential example of how this is commonly done is given in 2 3 below.. 6. Another requirement for NCOT? per City Code 4-608(Bj(9) is that the area must be 2 * cohesive. Given there ,are 1' developmei~ wets as single and multifamily occupa thereare substantial differences in lot sizes and featwes which make these restrictions more of a burden to some owners and residents than others. A convenient interpretation bythe City Staff to circumvent this requirement also does not. justify the illegal, inequitable and unwarranted burden to some residents. 7. Another legal requirement of NCOD regulations freelyadmitted by t}ae City Staffis that the proposed regulations can not be aesthetic in nature,. such as the color of your house or a file versus asphalt roof and must'be a health, safety or welfare issue. The city legal staff has reviewed the proposed regulations and claims they meet this requirement. Many of the proposed regulations are health, safety or welfare parameters, _but there is no health, safety or welfire Innis for the proposed minor changes to the existing code, which is what. they really are and the only basis can 'be aesthetic and therefore illegal far NCOD. 8. The occupancy changes proposed were questioned at the meetings as violating Florida Property Rights. The Staff freely admitted this, but stated their .legal departmentbel.ieved that no one-would chal.tenge this in .court and they could get away with it even though many residents opposed publicaPly}osingtheirrights. This is probably a correct legal analysis and common practice by the citystaff since challenging this, could be a cast prUhibitive }egat battle. Now the question .becomes do you want.a':government tivith .this kind of attitude towards your property rights and the above described potential agenda to have NCOD powers over you if you car- help it? 9. Additional disregard for a fair and legal NCOD can be seen in Florida Law .Sec 163.508 FS which is our property right protection from Iocal .governments .and what they must comply with regarding neighborhood improvement districts. The lawrequires 75% of a}t property owners. to. petition far this. re-zoning and nat. the 6~"/0 obtained by the GA, as well as many ather.specific requirements for oirr protection that have nut begin met. When questioned on .this .the .staff was unaware of these requirements and they acted as .if this was..an inadvertent oversight. Also, if any law did actually exist it was something they could ignore because mane has the power to challenge them for their property sights. 10. Additional major 'issues are that at die NCE?D public meetings; residents were polled as to concerns and the Mein that had a vast majority over a[i others was that residents.at the meeting. did not want NCOD, they had signed the petitioi for NCOD because they felt. they were mislead by a biased presentation of only the benefits of NGOD and now Have changed their minds given even part of the facts and wanted to know what they could do about if. The petition circulated by the CA took well over a year and substantial effort by City Staff and the small loyal controlling faction of the CA to cajole residents one by one without all the facts into signing the petition. Given enough Time many residents can be misled in this manner. Should the .petition have been circulated within a given -, limited time frame to be more fair • accurate? This most major concern has been largely i~noced and swept under the rug by the City Staff and CA and they are refusing; to present this information on the. ballot for NCOD. 11. The process for approving the NCOD is being carefully and unfairly manipulated by the City Staff and controlling CA members every step of the way. Only the benefits of NCOD will be presented on the ballot and less than 1°i° of the property owners wltt probably have control over input to and approval of NCOD. The G4'Oro approval on the petition for NCOD no longer exists since many residents have publicly withdrawn their endorsement. Since the only SO or so residents (not alt property owners. and many families) that have attended the meetings have been.al_lowe-d to propose regulations, of which most were placed on the ballot. with only pliu or minus 10 votes (there are 1~ members of the NCOD study coimittee) and only by very. selective review by the small controlling CA study committee. This is far below 1 °./o of the approximately GSO.. property owners and thousands .mo.re coitdomini.um owners. The vote to approve.these regulations has been mandated by the City Commission as a S I °ib vote for each item. 'This means that if less than 3 0% of the property owners vote, which is-standard:for.Clearwater elections and. only one of the23 proposed regulations on the bat}ot receive 51%, then actually only 5°lo cif .the property owners cast. their vote .and enacted NCOD. There is -.every reason to believe, however, that the turnout of voting property owners will be much mess than iU°io. This is because. the. date of the. election was only disclosed to the very small group at the last NCOD meeting and will be unpublicized unfit shanty before the ztection. The .ballots are being mailed to property owners and must be mailed back underspec:ific time and conditions to be counted. Given these circumstances NCOD could be approved by far less than $%a of the property owners and the Caty will claim a S1% majority vote publically. This a}laws the small group contrul}ing CA members and their misinformed blind followers io monopolize the vote and niislead.possiblyinany more property owners who have not been following the NCOD_ This shows the reality ofthis election is it does vat came close to meeting fair criteria since far less. than. S% of the property owners will be able to enact NCOD based on the reality of Clearwater election statistics and the City and CA are off the hook and can justify anything. bad that happens or hey do to us, on our poor voting Habits. } 2. The most misleading and potential damaging act by the City State and the CA is that. they refuse to clarify on the ballot the conditions of the voting or clarity eainpletely what you are voting for and the results and implications ofhowyouvote. This is against the repeated requests of many residents at each NCOD meeting. Currently the NCOD for Island Estates does not. exist. There was so much opposition to it that the City Commission claims they will only pass those -items that receive 51°l0 of the vote, if you can believe they will da what they saq°. THE ONLY WAY TO DEFEAT NCOD IS FOR NONE OF THE 23 PROPOSED REGUI.,ATIONS T'O RECEI~~"E S i °,~o OF THE VOTE, SO YOLi i1~lUST ~%©TE NO ON ALL 23 OF THE PROPOSED REGULATIONS. Since. this is not disclosed on the ballot and people have been lead 'to believe tha<. NCOD already exists it makes sense for them to at least vote for one or hvo of the very mundane items that have no impact. , The City Staff and _the C.A havve refused to clarify or simplify this by providing one question that asks whether you want NCOD or not and forces you'to vote no on all 23 regulations. This of course is opposed to continual requests by residents at ail 7 meetings and the many mare .study committee meeting to provide this one question to make ttie vote fair and not misleading. 52°ro approval of ally cite of the 23 proposed regulations ~~~ill accomplish the goal of approving NCOD for Island Estates and open tle door for fcirtlier. manipula.t.ion office this hurdle is overcome considering it has been done by getting around or violating so many of the taws enumerated above. Also, with such a smal.i .percentage of.property owners .needed to get S1°io. of the' vote. given the... above Clearwater voting statistics, the small controll'i'ng group of the CA should 'be able to marii.pulate the srtuati:on so that there small. percent<•ige of .votes, .possib[y.much.less#han. S% of the property otivners, carries the. SI%. 13. Once NCOD is approved, even by one in.undane .seeni.i.ngly harmless .regulati.on that couldn't possibly hurt anyone told only benefit all as NCOD is clanned to do, the CA obtains special eriforcemem, not~uMttian axtd control powers, similar to. a homeowners. association, from the City as they have described at the meetings. This becomes the foot hold and tamer stave far their indiret~t legal control of property .rights .iii Lsland Est:3tes. The basis for the new property rights Laws described above in Texas. is that an 82 year old widow woman had her $150;000 home„ that she owned outright, foreclosed. by her association for being behind on her dues. They obtained. it at.airction far approximately $G,OOa to recover approxiritatelya $5,000 lien and .she received approximately X8.0.0 for .her .$1..50,0.00 life savings in her home and was homeless.. This allows us,. now tro probably support her and the gavernmeiit staff t{zat will deal with tier, with. otu tax dol}ors s.o that. everybody wins or are you. not happy with. your federal taxes being used that way whi}e someone else makes a liig profit. The city code enforcement beard bas plenty of experience accessing h3tge frees; placing liens, forclosi~ and tearing. down houses. A recent example was a ,lanuary 19, 2002 Clearwater times tiont page article-about a wornau's house that was torn down for $G,GUU woith of liens from violation fines_ Her son jumped on the dertiolition equipment to stop them and she said the Ciiy would not work with Her on an}~thing. The City said they tried everything they could to reach an arrricable solution. T 1 C~i video tapes of the code enforcement hearing. are public record. If you review the code and watch the tape are the majority of the allegations Legal noir conforming f~:tures ofari older home that may have been maintained or ~ (~ ~5 wo oz -~3 p ~, ~' I ~ p ~a,~-o~,~-~ t ~ 4 partially updated or are they current cod regulations that are classified as effectin~uccessful methods that best l app y to our violations as claimed? Was thereat reason she health, safety or welfare and we have to situation, actions should be taken, to lost henhouse because the neighbors didn't like remember that we agreed by our majority vote accomplish these goalsand we should not gi e<e how her tenants acted and the way her yard (if you didn't vote you already gave up your up because of the unstoppable logic that it was was kept and not signi.ficantty actual code property rights) that these seemingly mundane, done in another communities and to be fair you violations, that were used as an excuse? harmless, for aesthetic purpose regulations, for Rave to do it for us. No one seems to be able Was 'she given adequate -time or our quality of life, that couldn't make any real to show that they have done a study like this opportunity to comply. with the codes or was difference, are now.legally elevated to health, or that it has ever- been even attempted in-this the most.stringent requirements used that made .safety or welfare issues and our safety and manner. it very difficult ifnot impossible for a person of lives are now at stake if violators are not It is also shocking That the City limited means? Were #]exible options and punished. explained that they dig<erted the sewase fro~ir interpretations denied to meet the political Iii other words your neighbors life is the beach to the Island Estates tilt station in agenda of the neighbors and make the city at stake, legally, if you park your car in the violation of code which causes the smell and code enforcement stafflook politically good in wrong place for to long. ffyou don't think the have never fixed it because they don't have the their eyes versus correcting the problems that City can twist it to take legal action tinder money. Brit they have the money to through legally did not exist because they were legal .those circumstances, even if they deny it now, away on the roundabout. North Clearwater non-conformities as described by code and the don't take their word far it, lank up past code pass was a navigatable waterway that i.s woman did not know this at her treat? Vi-'as the enforcement proceedings and' decide for protected and can be maintained by law. Why city staff made to look good in the newspaper yourself. .are these .laws not enforced and the. problem artiste? It is to tare wlieii they have .labeled corrected. tW Here are our excessive tax dollars Did the code board members you a criminal and noone is on youu side or is goingand why can't basic legal considerations recognize this 'but were political pawns of the willing to take the time or capable of be enforced? City Staff? Look at' their faces and their understanding the complex local technical, This is the proposed goal of NCOD unspoken actions and.manners and decide who shrouded by City interpretation, law you have. and the. way the city would like the problem. you believe: Are other houses in the- same. been accused o£ including your attorney and solved. Unfortunately NCOD is just. a strategy neighborhood in the same condition but just the judge. The City will take the position, you to divert our attention, never realty not targeted by neighbors? Were the leave to believe anything we say, because .this aa:complish.i.ng .anythin. g .good, exc-opt for the .contractors who the. City required.to fix the is a complex technical public afety.issue, that .city staff and diverting our attention from. the problems politically pressured by inspection the majority ofthe public has forced upon the traditional time proven and common practice sanctions on their other jobs, by the City, if city staff'by their S1°io vote, that only we are of citizens having to sue their government to theydad not give. high bids and delay the work qualified to determine and the judge doesn't get basic considerativns na matter how past. dead: }fines or claim it was a much bigger want to incur that responsibility on himself of unpleasant this- may seem and. considering the fob to fix than it actually was? peoples lives, by disagreeing, since he is not airy consistently does wipleasa.nt thing to us. I.i this a mayor victory far code yua}ifted. Thu reality in die US is that many enforcemenat.and.shows.theyaggressrvely serve Also you will have to find, fly in and ri.glt.ts and }awe .pa-od.uced .by oaae lever of the public by.eliminating public nuisances .by .hawse several expensive technical experts, government to effe~-t another level of any means possible, legal or illegal and should from far away, who are really not qualified government or specific legal rights are ignored they 6e commended and given needed staff anyway witfi the new unique taw (and not bythe other tev~t ofgovernmerrtuniess alegal increases to. continue: to do a. f-ne job? standard focal law that we have now) because lobby is hra.ught to. bear an the. issues. Big Unfortunately, no one can really answer these all the local experts.haveto deal with.the.locai business like aut.omot.ive, power, questions, except you, under these governmentintheirbusinessandareprevented communications, etc.. have. legal lobbies that crrcunisrances and it is your respansitiitity to by irivisibte indirect reprisals the city wilt take spend hundreds ofritit}ions afdo}}ors each year educate yatirseif and make the interpretations against them because everyone that. works for for legal .services to ensrue .their .rights ;ire in order.to vote. A.potiticiaits worst rtrghtuiare die city.is a. teatti player: ..protected and .give them subst~tiitial control. is an educated public. 14. Unfortunately substantial time, effort and Their rights are protected just }iy the ff the city staff was wrong in this public funds have been invested in the NGOD threat of this legit action because .the. instance corrid they politically admit it? If this far no ones benefit except providing work for government. agencies knew their don't have woman's property was illegally taken by a the city staff. If passed NCOD will allow the one hundred million dot}ors in their budget for series of carefiilly calcuulated indirect methods .City Staff to .perpetuate-and enlarge itself, a lawsuit. and. will therefore, ;.probably Goose hidden by actions taken far the public goad, while feeding off the carnage of us devouring and }oak bad in the pub}ic's eye; for unfairly .how could .she ever prove it in court, each other, while the outside world is shocked picking on that industry... considering it would cast marry times what Tier and repelled by this senseless petty bickering, Even basic civil rights many times house- was worth in legal fees? After this that does not accomplish our goals and slows have to tie- legally forced out of our school notice is circulated is anyone willing to wager our property va}ue rate of increase because systems or other government agencies. It is thatt}ie video of this code enforcement hearing redevelopment and buyers are scared away.. not because government staffs are bad people.. will disappear or will it be aired to prove the The real issues for Island Estates that On the contrary, the city staff usiiatiy prove to city is correct,, on the city's cable channel, die are repeated at public meetings over and over be honest, hardworking people who are just w•ay it has beers done in the past? again are not being addressed and NCOD caught up in the politics they way we are. u 1s ii safe to say that any time a diverts the city staff from having to deal wit}r anyone- is to b)arne; it has to be ns, for riot person's property is destroyed -and wasted them. These are issues like opening north edu~ting ourselves and participating. This is without compensation there can be no other Clearwater pass, sidewalks, underground hard to do and frustrating because most ofthe exp}arration except drat thesystem faired, when utilities, securely gaffes to deve}opments, fixing time our participation is a waste of time, but a productive solution can not be found to the litrt station, landscaping, etc_ These items unless we persevere through this tustration avoid' waste? There are legal concepts that are common to other 'older' waterfront our rights can be losfias described above: Our make unnecessary waste illegal. ..neighborhoods in Florida that .have been .duty Ties in never giving up and never As claimed as an advantage for redeveloped with multimillion dollar homes to surrendering. NCOD the city code enforcement board has becase Florida's premier neighborhoods and NCOD, however, is a very unique unlimited powers compared to a homeowners it is important that planning for these items instance were you do have an opportunity to association and is infinitely more aggressive as begin now. It is surprsnig thatnoone is taking. alleviate .this voter. frustration of not making a a police entity to protect your safety. a business approach to so}ving these issues. differeriee and make a. huge difference. The Violations now became criminal action with Phone calls should be made and level of the acts perpetrated. against our small jail time as well as property loss at their research done on finding out where similar group is so great, it makes our aggressive discretion with no escape even in bankruptcy. situations exist all over Florida and the US and involvement at this time very significant. This is becauseyou haveto remember different suiccessful methods that wereused for These acts have been very skil kfurl ly that the City can only make and enforce accomplishing these .goals. Based on the manipulated over a long period of time to 4 appear ~rundane and beneficial on the surface out v`•hen you read between the lines or loo the historical data; statistics and the ae procedural and political realities. that have been skillfully hidden from us, the nightmare of these two edged swords emeritie. Lesal"actianagsinst ~i f'leretit levels of government has ,proven to be conunon and-the only way to secure many ofyour basic rights in this country. CI-early tine city staff' is a' poRa~erful patitical fame and voting black based on endorsements to candidates and the power and tax dollars they wield in our communiry. The City Cemn?tssiott.is po!ticall.y ittfl;ae*tced and manipulated by them in many subtle ways which is beyond their effective control ar what trey can publically admit. it, therefore, falls u.pen us :iti".zens. to becem.e P:ducatpd to the issues .and tai:.e action as required..to protect our rights and interests. The blatant logo! attitude and `r?LtEllti?1 tllter?C?' ageI?d3. and n?~nlpl.la:ti,n[?c tc~ pass NCOD, enumerated. above,. provides. ample legal basis far us to legally contest the NCOD if it is approved by the City Commission under these circ~.Imstances. Ir. dictatorships violation of rights are kept secret and the public kept ignorant and mis informed. in a free soz;iety it t;ttn only occur behind a veil ofco.mpdex lawsar?d?nis. infc~rtratiali until it is brought out. We definitely excel at complex laws and mis infviYttatior-. A puiYhiciarts wvr~t t?.ig1?tntare is .an inforataed public. Freedon?s and the standard of lic7ng we enjoy always comes at a price and has to be vigilantly maimai-ned. Our relatives and loved onr-s gave the. ulti.tnate sacrifice, out aflovefar us, sa that we have these freedoms. We continually,see these human rights'taken awayand ntanipulated'uywnrplex laws .alid mis rnforn?a.tiola. We have an obfigatiorr to rise above our petty squabbling and protect each other's rights for the mutual benefit of us ail and riot sezk selfish, tnisconceivecl, fcti.tious. impravementv~ in otu neighborhood or quality of life for our own personal profit. or enjoyment. at. the expense of others rights 'aecause it will eventual be our rum .tn loose nor rights if we dnn'.t.stick up for a3ch other and not allow otuselves to be manipulated through iheabove misinformation and legal manipulations. You are not -being asked to die horribly in some distant land to protect your righte and the righL~ of others, but to merely sign and distribute this notice and your comments to the newspaper, Mayor and Commissioners and participate if necessary in a class action law surf, probably at no cost to you, t!?at Louid potentially remover monet°.ry- damages paid to you.. Also to closely watch for your NCOD ballot and vote no on all proposed regtilations to defeat~N.CUU. The work of stating the issues has already been done for you in this notice and your only other task is to let your elected ot~icials know the extent to which you agree or disagree with it or to demand clarifiC'cttian and proof of the items that are not self evident based on your knowledge and participation in the NCOU process. Your task becomes more difficult, however, if you are not convinced of the common sense validity of a sufficient number of these items to 4varrant the propo_ response on your part. This means you must i•r.:~estiga, these issues for yourself until you can confirm one of them. Reading this notice very carefully and understanding the concepts and patterns that emerge makes the truth self evident. The fact that there are so many indirect manipulations of our rights, makes it very dificult io explain, as can be seen oy the length of this notice and very difficult to colt:<ey to any legal court, to defend yourself, since the court only has time for the condensed version, that can not convey the truth. ~'at! ;?lso 1?aye to cecagniae that. tl?s city staff is like a business monopoly that has substantial power over us and we are forced to deal with. ~t-'e believe them, because of the concept of public trust. We can I?at altotk• .anyone .to 1?ave. that much power over us tu?less we frilly believe they are operating in our best interest. When that trust is broken by t.l.?Z above deSCl'IbeC~ d~eI??Sy }t ?S a .^.llbCh InL~re serious. issue than. dust. being. mislead. This. shows that there is a. dangerous undercurrent in our City government that needs to be eradicated, at.al.l coats, by extreme mea=uresas soon as possible. This can be done by taking away their manipulative powers in a' round about way which unfortunatet~ seerns..ty be "required in. otlr system of government. Common practice to protect something is to take out a bond or illSUraT1Ce. We C3II Crn;ulate a peht?aII based nn the cottsideratinrts in this ctot.ic;e .that u,e need a bond .and waiver from the cities sovereign immunity to protect our rights. The city wound purchase flits bond using our tax dollars (a sn?all part of the 10 million they can save by cutting staff and it could be used by property owners who are targeted for wde ertforcenrent fur their legal fees. IIr this way we are insuring nrar property rights and the city is making a monetary commitment that they are guaranteeing they will da what they are supposed to d'u, which is protect nttr rights. This rs common practice and has been required far many years concerning eminent domain. If your property is taken away by the government without compensation, they have to pay you for it and pay alt your. attorney's tees. for having to sue them in court to get it and theft 'SOVeretgri tt11n-itintiy TrP~i'ii5 'are waived. This commonly happens to the Ctty of Clearwater and an example can be.seen in newspaper articles concerning rights that were taken w7t,`tout campensatton when the roundahaut was put rn because- the city thought they could get away with it. (oven the above facts acid the City's history of recent mistakes do you realty Want to subject yourself and.risk your property to this politico! circus anymore that? you have to? When you are targeted for adding a small area of landseapitig pebbles in your yard or told you did this; when the prior owner of your house did it, or parking a guests' car or boat overnight incorrectly it will be to fate and. you viii already be a crimi..al violator with nowhere or no one to turn for help given your new label. This will be your overt fault because you had an obligation at this time to pa; ticipate in government, but, you didn't want to take the time to protect your rights and gat mvolved_ checking -the boxes below and mailtrg this page to the Cit`; ttinli be your easiest way to resoiv a this problem. Act fast, the ballots, whether you even. receive one or not, must $e poshnarked on or before April ~, 20rJ2. Who knows what %:reatiwe method they will. use. to invalidate. any ballots that. have a vote that they da not like. Who will stop them, noone has so far? Also it is important to physically cl?eck tl?at this letter tl?'en ;gets into :public records. Also the only way to correct this problem, may be, a class action taw suit a3ainst the City. This suit Lvill be brought at no cost to you. at this .time and you may be entitled to recover monetary damages by participating. Please check d?e box indicating },r1,,1 .ara 1,~,.ill.lI?S to j~e a "party t0 thlS S?12.t to show it?e City.tttat theabos~e type go.ven?n?ent will not be tolerated. Also to protect ot>r rights check the'oox petitioning for a bond as described below. Please consider. how important your sigaattlre and address is on this petition to prevent the Neighborhood Cunsen-ation Overlay D.istria-t .aatd v:ate no .be.loz~r .and Chet? fold and .tape or staple .the .page so that only the return address is showing.and mail it with a postage'stamp. IL~fake a wpy and give it to a friend to. vote. Also _Trtake cop1Ps. anal send to the commissraners at the same PO Box below or send them a-mails at citycom c~z cl.earwater- fr.corn. Also make a wpy and iltclitc3e your ,:ornrneazts.and snail to, .L.euPrs to-r-ae Editor; The Times, 710 Court St., Clearwater, F'L 33756, or fax to (727) 445 - 4l 19, or E-mail to noietters~sptrmes.com. Also, our State and Federal Representatives. and. ask. fir help.. PETITION " I~ I al,i not in favor of establiclan? a Neighborhood Conservation Overlay District (NCOD) for Island Estates. i am. interested i:a. parti.cipa$i.ng i.n. a. class action lawsuit against the City if necessary to prevent.NCOD. ,,.., / Ly' I am intor~tted i.n rho 4ity ~tahlichi.ng a bond to pay for legal fees for those property owners who are brought ucfarc ttie i:tty code "Zt-itorCcrilcrit board and th.e city tt~ pars. an. ordinance waivilrg the city's sovereign immunity rights far these Wises. _~ 0 Signatu ka 1. ~~-d,~~~ Print Na e ~,~~,~ aC ~~ ~ad~'/ ~~ Address pttiati~. ~7L?~ ~9Z ®v 5Z (~~s !~o oZ-Z~ 5 ~~ ~ o~~ • • ~ ' PLAC'~:; STAMP MERE 1Vlayor Brun p-ungst O~fiee ot'the Mayor P.Q. Box 4748 Clearwater, FL 33758. - 4248 NCOD II~3POR1~~A'FIE}N FOR Islazrd Estates: Property Qwners IMPORTANT PROPERTY RIGHTS II~IFORit+tA`I'ION ENf DOSED 5 ~. _ `~.,/ F 1 ~ _9 _ ' • DEDicATiaN • DESCR/PT/ON• ~~ 5 Know o//men b these resents thot~ve, Ro er K!~L1~,~s ond hlor,/orre ,4• ~L1~~s respective ~ce• Pres of ornrr~nce of the mosfeos~er//~ corner of %f /.3 B/ock D of UN/T {r p 9 C ,4ssistor~t'Seere~r or`/S. Ser~~ces of F/orido, ///c., o cnrcorofion or~erff,~ /ors offl,~.5fafe of~7orioh, /Sh4N0 EST,4TES OF CLEQRf'Y,4TER os re~rded rn P/of Book 5/, /•~oge .3~ or~d `' °. e /o ein6rtocedin Phis /of to G~sarye ed ioidc~fo/x~' lofted os "TyElr/LLAGE ' / /orr o orrd o N. 40 36- /9 E. owr/erhove caused th r~o' y ~ p Pvb/ic ~9ecords of Pine/os Count , F o' p ofthe /' 9 / ,, °. o ~ ON /SLQND ESTQT,ES, Q Gt~NDOM/N/Uti1, P,S/,~SE1P• or~o' that o//~rosernenfs' fUr' F/orido Power C-~rr~/ 70.00 feet 'thence N. 49 23 • ~/ `l! 54.50 feet to the Fbinf f Beginni~, ~~ ~ o The ~//o e on /s/orxu' Es/bfes/l~or~o rnenf Com ors ,Cif of C/e4rr~afe~ Gos, Ort~iian e, • / .82.25 feet ' t/~nce /n o northeaster/ d~rectior/ Te%ph ~, 9 ~ P y y 9 , thence. N.49.23 4 l~Y, f' San ' Se er iyoler Utilities iri ress and ress shown an soil p/o~`f sho// be %nfed wifhm /i~ e he of hot has o Rodrvs of T4. o0feef o~ ,4ro• rtar w ~ 9 o%r~ v cure fa f/ f f y 9 f o n /ements orxi sho//be-for the corr~rnorr ose of Thy' Vi/loge on /s/ond Esfo es, o Carobrr~miorr, /en th of 3/.OOfeef o Chord /erg /h of 3 . T5, o Chord bearing of comma e q ~ 9 , o -- ~ u ~ P The V//v e on /s/vr~d Esfo~s o Coho'orr~ir~i~rr~ Phases, (heir heirs sc~zessors 3 • /T - 3T E, (hence N. 40 - 36 - /9 ~ /9/. 5'7 feel`; thence S. 4~ • 23.4/ ~, hose.IQ•ond a//other 9 , , ~ N5 , o a o r on ronfees from soil car oration. 75.50 feet ~ thence S. Ito - 36 = /9 `Y. 22/. STfeef to the Point of Be9~nr~ing. ond ssign•s o V g p 96 res more or less ~:. Conl`oinirg 0.3 ac ' ~ . t'ti~ s ~'~`~~ 6Yifnesses : ~ J. S. SERA/CES OF FLOR/OA, /NC. p 57 ; ~ tri, 1 - o• h .:~'• M 'y'~ • ~:. w Vii} ti ~ •,..t. ~~ ~e 3~ .., . G;,,ra.~,.~.o LGt ~ //~ ~ s ~~~~ ,4 .} vice - Pr sio'e~1` Ro ~r hl! /1!Iee,~s Vice.- Presio~er~f .: : y~ ~ g a ~ o. ,~: oa ~ • ~ ~,~ 6 ~ ~ ~ a~~ ~ ~ , o• N ,. er p 6• a, ~ . ~ P, ~ ,~ 1 ~ +t ' 1~ - ~ ,, p crwc.,,.u~ ~~ t.~ f ~ ~ ~ yti0 , e ~ ~` ~ ~, 9 ~ (~ i ~ 3 ~ ,4s to ssr~~~t"S cretar tilor/o e q ti1~,~s, ~lssis/nnt Secrefo~y -tike fi o~- n y ~ i 0 ~ ~ 0 ---- ~ G ~ a p ~ ~ ~ 0 Q a. -=__=_- l G ~ d -_ - _ _ i6~h ,4pri/ E G' ~ '~ _ _--_~ STQ TE FFLOR/DA I Herey Cerfif thafon this do of 198D beforerr~, o ti ~a -=,_ a c• ~ ~ = =__- - UNT' O P NECCAS of Pub/icin soidCou ersoro// a ored f'o ~r . / R ~ '~_=~=.__ CO YF / N ory orxr'for nf,p /' p,~ 9 ~ Fo y o ~ d 6 h=-_ _ - _ c . ,, ~~~, p p ti -- ~ ==-~-,~=Y }~ ~~,~s.{ri~•Presid~r~f of /S, Ser~rc~s of F/orido loc., o ct~rpor'ofion under the lows o/' ~`he 1. . _. , ~ ~ ~ a 2====- F 1 n P ~ 4 ~ 'mss os, =2= ~` ~_ Stofe~ ofF/orio'o o~vr~r' forme ;~no~n ond;~~own to~~ne fv f~ the rsor~ des~ribeo'in orro'w/~ o (0 2 f J 6~ --_ ~_= eX cuted the re o/n cerfifcote ofdedreofror> ond oc~'nawled ed the eXecufi , = ~` ~~ ~ ~ t ti - -~' e ~ 9 9 9 P o ' ° ~a '~ c _ ~ ~= /o be the free ocf and deed of sold mraorQfion• ~ : ~~ ~ ~ :.: ~ Q• ~ P . __ -_ Wrtress m hoed ond o/`fcio sea/of Prr~e// s Couofy, F/ rdo, the day or~dyeor ofo e ' c ~ 0 2 -__==- _= '''' M Co mi ion Ex fires porch Z , . C//- .0.75 , ~,, ~, 0~' =- _ __:~' .,~ ~L~ ., Y rn ss . p CB~N53 /737 E ~ ~1 k ~s -_ - -_:~ Nafor Pub/ic o ~ l ~6 _- ~_=~ ~• ~ ~ - - -- ..t ~ ' =-0 ~ /6th gpri/ p . ~ c . .-: _- STATE OFf'COR/DA I Hereby Cerfifyt/xrfonti~is do of /980 More.me, . Q ~ == __ ~ GY)UNTYOF P/NELLQS Nafor Pvb/ic in ond for sold Count ersono// o eared hlor orie n -. ~ ~ I .:_ .-_ Q. rYleeks <lssistonf Secretor o J. S..~rurces of F/orido /nc. o cnr rotior~ u derfhe lows of,'f~ ~ ~ v '°R ~ ~_'=,`~, = -~ ~ ~ Sfote ofF/orido, owner, fo rr~e ,mown ond known /o me fa ~ the persor7 described in or~d wf~ o~ ~' __ _ 9p ~~~= ==~ '; :~': ~.. - execvted~ the fore oin cerfifco~ of dedcrafiorr ond oc~r~ow/edged the eXecufion (hereof Q Q s- ----~ t ..: 9 9 -- '~ o v, ~ G- - -?' • . ~ t fo b~ the free ocf or~ddeed ofsoid co ,ceratia~ ~k. _ _ ~ ~ ; '~ , ~•; • ' Witness my hand or~d officio/sea/ or` Pure/%s Covrrf , F/orio'o, r`h do or~o' eor• pfo . " ' ` ~ ~-'~; I __ -_- y ~ ~ '~ o ,o Z5 5a ~ Corn lion Ex ryes /porch /8, /982. - N i4' P N s, v rrns p :~: , • eau Qa ~' to ~, Notoi .Pub/ic .e,. ,r ~~ _ 5 y a ,rao,~.eeN~w GR.4PN/CSCAGE' ~ ~~ <' ' `5U~'VE 0 CE~PT/F/CITE • _ ~.? s~ ~f'S Y 4 / O r5' dO ~~ .. STQ TE OF FC 0~5'/OA I Hereby Cerfif Photon (his ao persona /y opr~ored bet re rr~e the vode /gne u rift', Santiago C/overos, who offerb~/rrg du/ sworn os s s, y y ~ COUNTY OF P/NELIAS re aired 6 /oyv de used or~d said: ~ y ~ p / / PHASE is os attach dher t //ben mode a rfof hot i Dec io /.- Tfie /ofof T~/E V/LCAGF' ON /BLAND EST,4TES, ,4 Ct~NDOM N Udl, Zl~, e e o, o i g ,a7 f cerlb r~ /orra/` n of Condorr~mi~m os Exhi6il` E' P roe nts descri d i s hi' i / ~m /ete so ghat uch rrbfeiio/ to her h the worth of the Oec%fion f ~ o dorm ' /o /' ond the c~nsfrucfion of the ima v me be s v c ent p s get w f n9 o C n nivrr~ re t n9 fo the rnotJ`ers of y ' o e n rrecf resen o ion a/ he J ro~ernenfs described and further hvfwifh such material /heie cnn 6e determined therefr m the idenfi leaf ' r~ o surve , /s trv o d cn rip f t t rr~p , t o f ro , / cations; v n i n ions o the common e%ments nd /iinifed c2~mmon e%ments ire or~o' of each unit d die s f p , s C rn f r / 2• Frain solo' surge ond other documeafs regarded /r~ sold Oec%rofior~ of Condominium of Tf~ V /loge on /s/orx/Esfofe , o orxrominiv , con f~ do e m neo! tf~ ,bcofion ofeocfi .unit wrr`h V ~ /ro roveinenfs os sifuoteo' an the /ond, o%n ~i/h the common e%menfs orx/ occ~uro~ represenlofrons o/ (heir /oeotior~s ond drir/ensions P 9 e Fo es d / de o or he o i~ aid c ro ` i o e 3 • This offido~r>`rs rven rn corr~,t~/nonce Wrfh Section 7/8 /0¢(4)l 1 / rid4 Sfofuf ,ond/s oa sho / ~ mo p ~` of f f es Oe /o fior7 of Cor~domin urn. of Tf~ Y// 9 9 , n /s/o d Estates o Condo i' iurr~. ~•` . o n rrr n . th 4: Further .4ffiont So efh No hf °~ .~ sworn to ond sv6scribed be~re rne, this /6 do of /joy /98D - ~ ~ ~ y , ,~ n o LLov nos d ,. ~~~t~, ,i,~, ., flog c ,.~ .. Nlorch /8, /982 ~. ' . ~ .•.~ ' ,egistered Lond Surveyor. /7G2 . /L1y Co/nm/ssion Expires f, :~' Nafor Pub/rc ~, ~ u ~; {~ ••,,, . ~~ : ~.x; ' .ri,. E,QSEMENT NOTE ; ;TM~ - w t' Pre~red 6t': computed by: e, N Eoserrrenfs for rn ress- ress ond ufi/dies 9 ~ 0 Q ,B/1 ,oNo STE!/ENS !>rown , ~y: Fez - LL ~fi(~ S, UR' orereserved / the echrof/on of ~hr,~ir~iniurn. .., , ~~ . Co , Cod. b : FJZ n ~ mp y CONSUL T/NG ENG/NEERS• SURYEYo~QS ,yo Ckd. b ~ B y, ,d couNTRr ~a~q Ptdza 32io us: Hwy. r9NO. approved s' SHEET / OF 2 CLE.4R/NQTER F !?/D B 5 "l '~ r ,~y ~ ~~o ~ `1"~r, ~ j~' `h v 7~ ~ ~ ~o ®w~~- rr ~ J C' ~~ 'C!" ~v ~ ,~' ~ fZ' Ll C? c. 0 ~~ 4~~ ~~ ~~ l _ ~ ~ ~ ~~L Sy r v ~~ -~ j ~' min ~;,~ `~ ~ ~© ~ ~ rf!'~ ~, ~~ ~ ~~~ ~ ~o ~~ ~e ~~ ~ y ~ yr r / I ~ J. fit/ ~ ~ `r. ~ `~ ~n ~ ~ ~~ ~ 2 . ,\` r ~ *~~ ~ !~. ti r ~:',` /~ (`\\ G` r ~5 I ~ Vy J ' .i ~-Gi~ ~S \ oo , ' I ~ ~r.yh ~~ .. h ~ c-y~•2 , u i~ ~ , a ,b ' ~ 2 •o, °o,\ h° • k~ ~ ' Oy 356 /~ ~ kl" , , ~ ~ T yy do '` ~, O (, ~~ o e s p , ~~~~'~ i9\3' ~ R .%~, 0 ,,0`60 .,~~ ~ ~ >o I . .ik~i i e. c ~ ,~. Qo~: r l' ~ V d~ , kOTE~ NO OOGK SHO•LL .~ •9 ~ ' z S~owo/l Cis R P 0 A' - PRM ,x715 .. b9 ~ti ~ 0., 5:4 2341 a /. Oa, 1 ~J` s.4e•za'4rC, BN,e~ CXTENO MORC THAN .j ~ ~j. ,•.~ .. {aa 69 ~;r,,` ~1• 1 a.a2- eo' Io0• ml f''+'' a 'V. NIRT ! o M 0 i f •4 ~~,~r o,~ r'°`on4~~ 1 p4rsrte•a. ~, cArtA~a,~ T Y f8) F8@t FRO Q a ~j . Q.4°.er649.23'41• lea•0 h N$.t.NN 4Si""goA, . TFIt SEAWALL LINE. y' e a '' ' ' l u~:"~ 0 ` 21 4900, t p4.43'ac• ;~~ U Ra nraaocr.~ ~ ~ 9 9 „Poo,, J .°O•~~ a~N .~: 6y e ~ W W 0 I 60 ,~ ~ raNd4u tiJ ; ~N` ao a" Ndf•= I O fib" b ~ o m C9 dp 0 9 F S ' 4. 0 4 Z -q .P H N, g4'. Y~ d0 I I. d ~Z.. o ( O;p }. Q nP. s1\0p~< y"~ -+~ -p !s J~' E ~ - ° 4da.9 ;~;g f•K'44+ , - 5 • v7 wn . Q' ~ ~ a~,~2 fq,~ ~9,^ N u a:' ~ , i1 2~ 41~ 6,ai'JP V b Q R/1 pj . 5'6 90 .N ~ ~ ~ + 1 ~ f 3 p~. J. ,r°2'„ 4Eit: 2~F Z z 5.49 23' 41' E. 492.6?' •I"!• y ~ r, Y , , ~ Q 0~~ C a. A ~ Q' Y p° 48,f Ji 2d 100' ~ 100' 1°O' rn a MtM tRM 14. , 120' ~ 180' , ..' + O i ° '~ 8 ~1~y 3.49.23'4178 300,1:: ~ 9O I iQ C 4 1J',N:3C~ ~ . ' n°~rif 9~rle 9, x• 23 41.1;. ~ 1 1 la w. r - ~' ° ____ - o o -WINDWARD - •,oo1~y's e. v ~ u • r,,~ ; .17 :. ~! °• ~ , J ~I tlg,4a•. 4 Y p7,,b bb b9a, d y 3 Z - . 6 e ~ ~ ay\N 3.49.23 41 e• 9. ~r-•2'9'#1^E. e2. ~ b~'`'Le,C ~~:~, 1' , I 0 r y • 23 & EEO ~ ti a ~ bn .ry : ;~rc~`4~ b p ~ I ~• li ~Z'7 .F ` 1. > w a>•ra w.xo• sczr. 92,79' Io0' too• I IOO',~ 100' , 110' n,n ~ ,~: yl Yl tll i> N,til ` tll 4 0 ta7G d a r G ( el el a 4'2. 1 ~~! ': o Y _ i a Q 7zr 00 '. ~ ' p, ' 01 y p 1.: , l' I 3 ' ts9 : l 10' {00 . 100 10 . 00 100 °, iba' r• , eEq 4 !. T x °° rto' , I I loo• , ro:s.el>2~S ~• ° a,=-. !~ 'u y ~ I Q „ ~ h--s• ~; olrea2~ U 2 ~ n t I r' : n 4'~ - L' x y 4 v I ,A N ~..~ a 0 p> ,~ .~ - . tl ~`~ Od ,~ d0 ~$$'~~~~ ~0. ~ '~nn ~ ~.i~y~~'~ ~ 'fN ~dd L~ ~ ~~~, .Q c?!' dls.. off. n 2` [Y1i :Z~ .,. ~V-~ I ~~~'tll 3 °i ;F,I h d a ,~ ~ , , ~N 1', rall;i; 2 _j~ 1 1 !` h_Ji_= old,fy ° .Want>` _ _... I VL.I - $ 113. 1 ! r -1~•_ - - - ~ ...... -- - - ~' - % ;! - N'ly line Cs'WY ~ _~g• uo• loo•, loo• "nsso' 300• P RO~ ~ AILW 'N`9aonwll Line i"' `" ~ ' ' N. A•9°23'41`W 1097.46' N.affiLS I•W, 264e.H' .. 1 ~ ~ ,Q,6'..-• .4r . ~ - 5•rw•l1 Gina l :6~ L~~ M , a' ~ , 1.: d~e~W.-%!3q•vJi5q,1•h 1' . (>: UTY Ot~ CLEARWATER l '~ j 1 ,`l .4h 0p ' / 59 MARINA STATION t ~,0. 0 • ~ . E%ISTIN6 .PUBLIC. WATERWAY { 1 ~S ~ ,.. N' CXISTING PUBLIC WATERWAY 'Pa M ~• coo R' -oP• W L'` ~ (Gousewa Ri hi•ro4•Wa ~,W. - { seway lyht ay) y 9 4~ I i ~S. t I ©E,DICATION 1 N.ae•x3•arw f . _! ASE11'1&1JT yv, SIDE LvT 9 BCh G ~' CLEARWATER CA.USGWAY The uiiderei Wed 'hereb .certifies thai• it is }he owner of }he above c{escribed s E rat of land hereb~ la•F!~d :as:Unit 5 - 15LAND ESTATCrS of Cleorwai~er, VA_cA7ED Rrrs. G7-3B QR, ~s9'? YG , + }'. c P. I e}s all a~•er- - 20¢ and ~ i~'' erab dec{ICO{•es' '}o+he Public in. eneral al s~re. a s, w hof h y 9 , y woi~s/ and pu6lia;Pli~ces shown on +his p1o}'. ';. i . •c. ! DESCRIPTION ORTH BAY ~OMPAhIY ' , k ~ N ~ Commence a}• fh~ 5E Corner. of Frnc, Sec+ion 9 ToLUnship 295:, R9e.15~,, and run : ' 1 ~ ~ hence N.89°24'46"W. 4878.0 fec~-; thence Nor}{~ 1065.99 feed X1`0 }ha Norbh line of i r•i ' ~ : ; ' , 1 Gouseu>a ri h}-of•wa I thence. run N.49°23'Aa"W, along said r-qh}•of-wo line id lina i ,~ ' L+em 50`~ fefs+ NE'ly from and roll.,l •Ir •Fhe cen~•erhna ~ Causeuta Z 48. I I . fea ~ror z ;r ' i ' ci'e~o }~in~-of-5a innin ~ thence con+inua N: 49°Z3'al"W. olong said. rigkl--o -uxit• 10$?.4fo etl'i W arlc,.C~residenl~ Charles M, P 111 Pa,Jr.,Se ry 9 9 f•l oP 1541.74 f Whence con•Finue on said rt h}-e~•wo~{'line on acurve }o i'Y-e l° ae} radius. 562,25 ' sed• (ior bearin N.S9q°50'3g'W„ chord dis}ante 559.14 feef}% i'hence run N.22 -~ f Cc d q ' I a ~ hance run 5.4'23' . ' yT~`i~ l 1/Za3's`t-.. 1345 E. 510 fee;}i }hence run 5•G~7a6 5 E. 358.~4.8fe } } i ~ • . once run 5 49°23'41' E, l80 fee}~ •Fhenca• run5.40°3G 19'W. Wi+ness !Witness bl"~.. 262.50 feei'~ kh + nce run 5.49'23'41"E. 492.67 fee{'i }hance SE'1 olon 'a curve •ku•E•hs lei Q fe k e 9 ~ h W 9 r' ~ ~ ~ ; . 69°01' ZO" r n e 73.90 Aee~•)t ~' '( a ~ of 110 feed' radius 78.36 fae~ (chord bearmy `a ~:, eho d di+s~l t f - ' ' e~. I'~.~ " }hence 5.88°38'59'x. 503.01 fee}'; thence run 5'I clonq, 'o curv +oii~e nigh+.aP ' ,,,» , x. ACKNOWIrE©GE 5 10 fae}' radius 4.O,C?O fee}' (chord bearin 5. ! 0 5ro" W, chord dis~onte 4Q00 a"~ ~ ~'° ,; a :: pF FLORIDA," .' 3 o ..STAY + - : 4h nce run 51° 21' DI" W A.0 fee+c +henca run SW'I ~ alon a .curve }o the s a ~COUN Y OF '.PINELLA ri hiF' of 39778 fgei• radius 272,59 feed' (Gherd beorin ,20.5840 W, chord ~R~ ~ 7ju' lc' 1, iS 2Q*_~`t1o U~ Februarx qq ' a . on th A• D. 1959, before me 9 267.23 fee+ . }hence run. 5 40' 3rii 19' W, 2Q9.5G~ fee}' fo RCZ 6 ~ ~,; ,~ I T hereb' ..ceri•ify i'ha~" ~{ r, ec ivel dls~'ance y 1.5 yy a+i- Clark and Charles M. hill) s ,! , res t ~, • •o ° ., ~ , ersonarl a eared W P p ~.. , ~'lu ~ Pp o }'inn under~he --;1 a ° ~" ' x I P r siden'4y and 3ecretar of Norfh F3ay Com onyy,, a c rPora • ' ~~~ : `=3~~ ~' p ° y ~ e'the rsans described in ° ; '~o me kndwn +o b T 'f o hisz ft, o f Januar ... ~: S-l-ai-g; of F~Iorda, UFtVEYORS GERT'IFIGA ~ I herebt~ ceri'1, '4hai' n} .~_d o y ,~n~ ~ ?~ laws aF'the {- an ded~ea~ion and acknowled e• 9 4 ..- a he •{rore oinq~ ter mica e d g A.D.1959, }his ro ar4 was serve ed and si'aked and monumeni• were set as indical•ed, •~'"ml f `. `' • '3 3»; ~ ~ ,: ~ • • and . Luho execl,)}"ed f , aflFicers and fho}' the P P 4 4 , •~,\~ ,; { .~. -• wz `r' n fr~e aLt' an .deed as such • r, es r rr '" ~' r i= .ow tr o., ment ~}hereaP as i'hel . ow `i and }hoi dimenslo s and an9l a e co ecl'. ~ ,1"~.' 1 r ~ i' 1 ofF'ciaf Beal of said cor oration 'and ihai' said: ins~Frumeni- ~ j ,.~* o, ,• {. afFiicedthere.+o -hhe I p For JOHNSON. A46RECNT „~ .MANN .:'•.~i a'ryy~a' 's,,:. , '•'S4~' 10; w ~~ of 6aid tor. ora}'ion•' ~ "~ ` " ~,.,'.,.~ ° ~y ~ is fh'e: acf pnd deed Q f ' ~ r':!- ~ ~. ~y n and ofFicia seal a~' Cleanruafer, •khe Gourd-4 d ~ ~ Harald R. Johnson a ,FI ,Land Serve or'N°742 ~•~ ~' ' ~' ~ 1^ VJi•i-ness mid. had I ---~ R q u y . I w ; ~ df .Florida, d-he a and ~(e~ar afore6aid. t ' R , Fla: En inear N° 370 `°" ~ ~ \' ,r. u ~ {'.9 959 i ~ r4' p M - ~. cornrnisSion escPlres g 5 y F~: ~` ~ ~ ' %' °• 1 PP O A-L.1 A rov d b }'he Bocrd of Ci} Commissioners 0,4 ~Clearwa+er {'i'nellaa ! .' » w -~' 4 4 ~ o,~ ~ ~ « a ~ .. Coup}y, Florida, +his J.h_ doy of Fae • A.Q,1959. ~ ~ ° .. , • No-har Public - State of Florida a~ ,1ar e: G.+ Mana er y 9 y 9 ~ c i QPPR~VALi Approved by }he f?ioar f Coun}y Commissioners of Pii7ellas Coun+ ,Florida, this .f~'th+day o~ A.D,1959, y ~,,' < . ', '.; s ; ;; - - - f., ••: ._.~._.~_ ' ! . ,i . ' ~ ..... _ _ __ ._ _ . • . •_ ~ ___.. L F~'es}er, Coun ,Engineer __ °O: y ~,, ' c~°.ron °waw 'r3 ,ip. .~1 r ~-: ~ `, . ._ .~,.. :: .' .. ,: .. l ' L.. ' 1. , ', ~-, ~ ti~~, ~ ~. ~~~~ ~ r ~ ,_ 1 ~ ~ ~; C.B. 38, P. Sir 56 F _______ • C -- _ _ DES R/PT/ON• / ,Q - DED C` T/ON • e he ost s r/ r^ /3 B/oc,~ of N/T /9 4N ~fno Commenc of / m eo fe y ~ Herat/of D U 5 l D wo//fie/~ by ffieseprese~fs ihof we, poge~ l'Y. hlee~s andNlor orre Q. ~L1ee~s ~s ective/ Vi~• f'resio'ent l p y EST,QTES OFCLE,4R!'Y,4TER os recorded in P/ot 5~~' S/ P e 34of tiye Pub/c o~' Qssis/unt .R~retor ofJ. S. Services f F/o~io' / ~ 09 y o o, oc., o corcbrdion-under.a`he /ows offhe 5~fe o /~/arido ecards of Pin //QS Coanf F/arioo ond N. 40 ° 3G = /9" . TO.40 e t' ' owner hove ~ m s f~ /a ~ ' h' e y, 90 ~ , f e , v ed t ndernbrviced /n this ~>` a`o be curve ed /oidovf o/x~' /o os T p V p (fed fiE thence 5.08°-/2-~2"E, 6/, off' feef, fo the Point of Beginning; fhenc~ 5.08°/237'E' !1/LLQGE ON:/SL,4ND EST,4TE'S,,4 CtaNdD~l/N/U,y Py,4SE11''~ondf~t %/ o ~rnen~ for F/orrdo .4J~~; 20.OD feea` • r`henc~ S 40 °- 36 -/9 "!'y /06.62 f~ea` fo o pointon the:. nortfz ri ht ~nero% T/e Brie Tf~ v// on /s/ond Esfof /YI , 9 p rct-~ es onogernent Company, Crfy of C/eor'~•vofer, Gas of l?~O I//1e 01'~ l'Y/n0'WO/'d ~7SS0 8 ' fhenc~ S. ~9°-23 = ~1!'E'. 40, 00 f~f Oroino e Sohi ar: Suer !yo r Ufi/ifies ~' . Jr 9 ~ 9 , f fe , oriel n ress orx~! e Tess shown. on sbio! /off s o / be o%n .sbid righf of Goo lir7e • thence N G3°- 32.5¢ "E 9/. ZZfeef • thence /ocafed wii`hin :fhe common e%rrier~~' and sfto// G~ for fhe cbmrr~on ,sue of Tfe ~i/ 9 y ~ 1 ~ U /v on /s/odd O ~ N ° ~ II N. 35 - /o - 53 .E.; ' 89. J3 feet,' thence N. 04 - 30 - 03 l?!, 26. ~6 feet; (hence Estdes, o ~breorniniurn .otiose JZ" ort~'o// offer The Ui//o e on /s/onto' Esrbfes o Cono'orr~in~urn 9 _, , ° ~ , S. 8/ - 4?- 28 GY., 96.2Z feet fo the Lbid of f~g~nning, Con1`oir~in /hoses, their he/rs, succ~ssar^s orx~' vssigns or an ronfees from said cbr rofior'a. 9 y 9 ,~ 0.257ocres more ar /ess . GYr` es : - i Hess /, S, SERA/CES OF FLOC?/D.4 /NC 0 ~ 0 0. ~ •G~.uuoGo st.~.• ~a ~ o a ti o w w ,,E ~, o Gel g o ~ -~ As to vice resident er Ni ~Y/ee,~s !/icy -Presioer~/' y w ~9 , ~~ o ~ , N _r- W ' p• ,•e. 6. 22 ti Q 5~ 9 ~ set ~~ 2 ~ ~ - ~ ~ ~ , ,~.rr ~os• a''' y ,4s to ~ssi nt Secre~r e o` ,,,.,~~• ~~ N y h/o~/ A. ti/eebs, ,4ssisr~nt.~re/hr rii ~rii,~ ~ , 06 ~ {~ ylosf eosfer corner a' ~ /ri~~~,• ~ W i ,i~ 24,93 Of /oI` /,~ ~/oC,~ 8 ~!ri~iii ~l Ur~iJ` 5 /s/c~ndE' f s iii, : ~r~: ~ 0 F ~' .i ,, ~ ~ o /8 pc of C/eerrvo~er• ,, . ,'~ ~,~ , ~ , ~ ~ a ,5'T,4TE OF F/0~4'/0~4 e 6 fad/' mss. R E,,,, ,, o , Q y o I// re y Cerfifythol`on th/s do of /979 before rr~e o (?8.3'/ Poe 34 fir/ ~ ~/. ~ v ~ ~ a 9 ~ ~ r,. • ~~ ~ ~ ~ ti C'b / d ,,, ~,,,~ • ~ ~ LINTY OF P HELL S Nofory pUb/ic /n and for sold ,Count`! erseno// o red ~fo er ~ ~~'%;~' Qi%~ ~ s h o y l4! iLlee,~s viLe•P~esio'ent o . S Servic~°s o /or o'o / r- ,,, ~ „ , , ~ ~ 9 f J f F / , mac., o cn ,t~rofior7 trr~der• fhe /o~vs of the 0 ~;.,•:~ 1 ti^ ~ ~ o~ "! ti 3rbfe ofF,~i~io'o Omer, ybrne ,t'~o~n ond,~nor~n fo ~ fo f~ fhe erson described ire an wh t ,,,,,/,,,o.~, ~, ~~ o p d o ~~r~„%;,, ,~ y ~a ~ , o ~ ti ~ ,.~~%,, ,%, o ~ ~ ~ ~ +~ a eXecufed the foregoing cerfi~Gtol`~ of o'edreofiora orad oc~iao~v/eel d fhe ~xecufior~ fh~reof fo l~ i / ~ ri .~ is ~ 0 ~ ~ ,Gir,, /i~// •z~ ~i p o ~ p ~/ii ~~/~ %d ty G~i~ ~~~~~ o ~ ~ o ~ ~ frc--e oef orrd deed of snio' cnr ~fiori. , ,,- ~ir// , u J i~ l'y/fr7E'SS rn hand oral officio/ sea/ o/ Piro//os Cbur~ F/ori o , i.. / ~' n . o o ~ o ,~, , ~ /~ ~ Z`/IE do and eo ~ ~ y ,~ // ti. ~~ ~ 0 6° ~ o r /i~ ~ ~ h ~ ,~ ~i, ii 8 o p• ~h fir;;;/ ~ ~~ ~ ~ ~ ~° a ' 0 h/ Co /y/orch /8, /982 ~9 ~ ~~, c• ~ ~ ti~ o~ y mmission c~xoires _ pt ~ j~ iii 0 31~ M1 ~} NOt r r ~ /~,~ ~~%a ?.~ ,. , a~ 3 o yPo6/ic q ~ ~ ~,,,~ '9. /h ~, 9 ~„ ,.~ ST.dTEOf fLOR/DA re r ' /8 Ocfobe/~ y ~,,,~n , ~~ , F i.,~ S, I//e by Ce tifyfhofo~ fh/5 do of /979,. "~- ~ y Vii, S. ~ ~~~. ' ~: 2~ Ct?UNTY Of P/NELLQS /!/afar b/i in nd or ~., ~,w ~,~ !. yPu C o f Soil Count/!,a~r.~no// oppe~ ~` %' „~ ~~•~, A ti14°e~s ,4ss~sfont Secretor- ofJ, S..5'er~i~s ofF/orido /nc, o r o /' ~„ ~ , % /' ~ co,o rotor?.. under fhe /ows of the cb , ~ •,. ~,,,~, .5'fate of f/ario'a; Owner; fU rre ,~no~n and ,~no~n to rr~e fo f~ the person o'e..n-ribed in orx~' wha ~, E ~i ~ 4~ o ~° - executed //ie >bre o ~ cer/ificofe of dedicnnyion ord ,ono zs 6a g. i 9 ae w/edged fheexecufion Thereof rb ~ z a 32 ~ ~3 s fhe free oc7` ar~d dEed of said cbr,dorofion ~ , I'J CiRAPN/C SC,4L E .~, lr'Yifness n~ hon4' ond, officio/sea/of .Pine/%s Coar7f f/orido she o'o and eon y ~ s L R, ~\ / /NCH EQ (1d(3' .~O FEET O G d Narfh right of way /i/,e of yf'indword Passage ~° _ ~ Commission Ex ices /Ylorch /8, /98Z ~~, y p s BOUND,Q~PY PLAN No o Pub/r' .~, fry c . ~ .. :SURVEYORS CEPT/F/C,4~TE• S ~4T~' F" F R T 0 LO /DA I Herby Certify thofon this day r~ers~no// o eared before me tfe undersr' nedouthorif 5oraa`io o. L/overQS who -offer beenD du/ .sworn. o~ Ct~UNTrOFP/NElL,4S b /atvdeposed ond said: V The "T ,4 9 S W // ' /- p/of of HEV/ll GE' ON / L4N0 E T,4TES, ,4 GbNGi0iy1/N/U,!>, PNQSE.lI is os or`t`ached he2~o 01/ f~i made v orf of a`fx~t c~rfoin Lac/arrafpn o Co~rn~n/U~n os Ex 6 ~ E n9 p f hi it and fhe cr>nstr'vdiora of the irri ri7vernenfs ahsrri6~'is cuff ` e / o ha ' p ci na` y crorr~p/ete s t f such rreferi% foyefher ~rfh r`he wording of fhe G~c%rotion ~/o>`i _fhe matters of curve , %s o true ond curr~d re resenfotion fhe rrn roe t P o {r p of p v rner~ s d scriG~o; ndfarther; t/wfWith such rnofer~%t/~~ con be de~rrr~ined ffere from fhe.. ro'enfifcotion io~fians ond dimensions of fhe com/nor7 e/Prneds ond /iir~ifed ~rr~mora e%rnenfs r ~ rr~ ond fo ch unit 2- F sni surge a o er Ed r' e Torn d y nd th ofx~arrenfs recor~n' in sa d D c%rofion of Cbrx.,~min~urr~ ofThe v//o e an /s/ond Estes, o Condominiurrf, con 6e de~rrr~ined fhe /ocofian ofeoch unit yyifh 9 im roverrrenfs as situated on fhe. /or~d a/on wir~h }he cnmrr~on e%menfs ond oc'carofe re reser~fofions of heir /oca s di p ~ 9. ~ p t f/ors ond rr~er~s/ans. _ 4 .. ~. 3. Th ' io' it is iv rs o/f vv q en fir' ct~mp/iorxe W~fh 5~fion 7/8 /04(~)(e~ F/or~ab SYvlrrfes, ond is and sho//be /node o orfof the ofore~id Dec%rofion of Coodorrainivrla of Tf~ !/i//v e on p 9 /s/ond ~sfo~s o cor~dorn/n/urra. ~ , • ,, .. ~h 4.- Further' Aft ona` 9o eth Nou h~ ~ 7 rf/o vernber V 9 worn fv orro' subscribed before me ; this do of /9T9 y , nfiogo L/o ,~ rYlorch /8 /982 ,Qegis~iad Lon 2 NIy G'Ornrr~/S5/On Ex ices p ,. ~. a Pr-e r db ; Poe V Computed by : BN. 0 /Q d4~/ Oroc~n b : FJz . CC Vf r4S, B R,aNO STEI/fil /S y c S Cbmp. C~'d 6y:'F/z ON VLT/NG BNG/~i/EE~`~'-SU~4'yEYORS co /1/op C,bd, by; By UNT/~Y. ///CCA PLAZA 82/O (/.S, /,~lyY. /9/(b. ,q pr©~ed b ~ ccE4,PlyQTG-",P F~o~~Da. .~oB~ //55B-X p y SHEET /OF2 ,.